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Nullifying Judicial Overreach

January 17, 2011
Jim Delaney
1/16/2011

Have The Founders’ Fears Of A Tyrannical Judiciary Come To Pass?

Especially since 1895, the federal judiciary’s role has shifted from that of ensuring “constitutional supremacy” to that of “judicial supremacy,” surely, an irreconcilable role shift which must be remedied.

Originally tasked with reviewing federal and state laws to ensure comportment with the Constitution, it has become disturbingly clear that the federal judiciary has dramatically strayed from its constitutional role envisioned by the founders.

Without question, this foundational shift has dramatically altered the balance of power between the states and people on one side and the central government on the other, a carefully crafted balance which the framers had intended as a permanent and essential arrangement. As a result, the scope and power of the judiciary and, in turn, that of Congress and of the Executive Branch, have profoundly expanded well beyond the limits intended by the framers.

In a letter to a friend in 1820, Thomas Jefferson asserted that “judicial review” had become a “dangerous doctrine,” further warning that if unelected judges are permitted to be the “ultimate arbiters of all constitutional questions” at both the federal and state levels, a “despotism of judicial oligarchy” would surely ensue, resulting in the inevitable dissolution of the Republic.

And now… the rest of the story. …..

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