Considering recent years, and long before “Law Day” rolls around again and lawyers (remember that judges in America are lawyers) revive propagandized worship of the legal system, poisoning of the constitutional well should be considered.
The infamous Marbury v. Madison decision of “Calamity John” Marshall’s 1803 Supreme Court profoundly arrogated “judicial review,” anointing and declaring the judiciary as final arbiters of all things constitutional. To this day, apathetic and anesthetized Americans have placidly abided this travesty.
Ere stale arguments regarding “rule of law” and “judicial independence” arise, I suggest this sober reflection: Can any prudent American believe, from the pilgrims’ and colonists’ hatred of kings, struggles for freedom and equality, Declaration and War of Independence, to the laborious efforts of the Founding Fathers to fashion a Constitution creating representative, limited government, that a monarchy of nine unelected, unaccountable, lifetime-appointed lawyers should be crowned?
Congress, presidents, commerce, education and individuals alike bow beneath imperial judicial decrees. Inconsistent rulings abound in twisted “legality” and as judges at all levels, mirroring the national moral decline, abandon law in favor of personal whims and politics. Judicial impeachment is a joke. One unaccountable, unelected federal branch ruled by their nine “supreme majesties” ultimately tyrannizes the other unequal branches, legislating, executing and commanding all governmental and societal powers and functions.
There are great corruptions in our legal system, not least its sick, irresponsible and destructive litigation industry. But 1803 heralded the worst: In one unconstitutional stroke the judiciary overthrew and enslaved the instrument which created it.
Paul Sharp
Salt Lake City