I tremble with fear every time a serious constitutional question is put to the “Supreme Court”.
Obvious to all but the willfully ignorant or ideologically blind, over the years SCOTUS has evolved into an essentially unbridled power unto itself. Guided by the principle of “judicial supremacy” vs “constitutional supremacy”, and tainted by politics, ideology and a sinister proclivity for social engineering, it has morphed into an unelected, unaccountable, black-robed judicial “Oligarchy of Nine”, America’s Privy Council, whose constitutional moorings have long ago been abandoned.
I can still recall the devastating words of Chief Justice Charles Evans Hughes in the 30′s when he dropped all pretense of judicial faithfulness to the Constitution by haughtily proclaiming that “We are under a Constitution, but the Constitution is what the judges say it is.” Whoa, baby! Just let those insidious words sink in for a moment. Rather imperious, wouldn’t you say? Just who made these mere mortals Gods? Most certainly NOT the founders and most certainly NOT We the People. But thanks to an overreaching Marbury v Madison (1803) ruling which vested exclusive authority in the Supreme Court for divining what is and what is not constitutional, the judicial tyranny has continued unabated ever since.
Clearly, we are seriously in need of a constitutional amendment to reign in our runaway courts, most particularly the Supreme Court. No less than Thomas Jefferson warned us against the encroaching, indeed despotic, power of the Supreme Court. Tragically, his warnings have been ignored, and we are now paying the awful price for having failed to properly and effectively challenge the sacrosanctness of Marbury v Madison and the boundless “Supreme Court,” it–and our own neglect–has imposed on the Republic.
That said, if SCOTUS “rules” in favor of “Obamacare’s” individual mandate, should We the People yet again obediently and robotically yield because the Oligarchy of Nine ruled that we must? NOT ON YOUR LIFE–NOR MINE!!!!
Per the 9th and 10th Amendments, We the People and our immediate fiduciary agents, the States, must be fully prepared to summarily nullify such a ruling. And that remedial action should only be the first step in a determined grassroots effort to reign in the runaway courts and the mortal jurists who populate them. Our founders and our progeny would expect nothing less of us.
As originally intended, We the People, the final arbiters, the “highest tribunal”, are duty-bound to assert our constitutional authority when the “supreme court”–or any branch of the federal government–oversteps its original constitutional authority, failing which we deserve the cesspool of statism and tyranny which will surely ensue.