The Supreme Court is well-known for it’s power to overturn laws, at both the federal and state-level, but this power was never given to it by the Constitution and is an illegal usurpation of democracy and the rule of law.
You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.Thomas Jefferson
The right is angered by Roe v. Wade, and the left is angered by Citizens United v. FEC, but neither have criticized the merits of judicial review, but instead promise to fill the Supreme Court with even more partisan hacks — corrupting it into a third house of Congress.
Once a supporter of judicial review — having wrote a paper in favor of it during high-school — I have grown to become one of it’s most vehement detractors. After examining the two aforementioned court cases, I concluded the court was corrupt, and from that stemmed the realization that judicial review is, in of itself, illegitimate.
The Supreme Court & the Constitution
Matter of fact: the Constitution does not give the Supreme Court — or any court — the power to overturn laws, especially state laws! Judicial review was established by the Supreme Court itself in Marbury v. Madison.
The Tenth Amendment (which our government officials seem to have forgotten) states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.Constitution of the United States, Tenth Amendment
This is very clear; if the Constitution doesn’t talk about it: that power goes to the states! We were supposed to have a limited, federal government with well-defined institutions — yet we ended up with neither!
Usurpation of Democracy by the Supreme Court
This is an illegal usurpation of democracy and the rule of law; the President, and the Governors of the fifty states, alone hold the power to veto legislation. I do agree this power is too lenient — I propose a retro-active veto — but the court’s job is to judge if a crime was committed, not to define the crimes themselves.
If a law is unconstitutional: the President should veto that law, and if the President does not veto it: the states should nullify it, and if the state’s don’t nullify it: the People have a right to keep and bear arms.
How would you feel if you were given a work assignment and a co-worker, who had nothing to do with it, suddenly began undoing your work? You would feel as if their decisions were illegitimate, no?
So why would you allow un-elected oligarchs — kings and queens who serve for life, accountable only to God — to pick and choose which laws the legislature can pass? Does this not abolish democracy and replace it with kritarchy?
We are ruled not by the People, but by judges, for the courts have illegally given themselves the power to overrule the will of the People — even when that will is not in conflict with the Constitution.
The Supreme Court’s Abuse of Power
They have clearly abused this power by legalizing the murder of unborn babies and allowing the ultra-wealthy to buy our elections and politicians as if they were products in a grocery store!
Meanwhile, they have yet to overturn mass surveillance or the countless forever-wars initiated by the executive branch without a declaration from Congress. They care not about the Constitution, but merely about their own self-interest.
The founders intended not judicial review, but nullification — and is it the right and duty of the states to nullify judicial review and return power to the People! We cannot continue to allow our federal, constitutional democratic-republic to devolve into a dictatorship of nine.
The Supreme Court does not have the power to overturn state laws; the President has the power to veto legislation, and the states have the power to nullify it. Nine, un-elected kritarchs should not be allowed to dictate which laws the People can and can’t pass — overturning just laws, while retaining unjust ones. Let us unite against this oligarchic council!
Goodreads. “Thomas Jefferson > Quotes > Quotable Quote”. Goodreads, https://www.goodreads.com/quotes/835165-you-seem-to-consider-the-judges-as-the-ultimate-arbiters. Accessed 7 Oct. 2021.
Legal Information Institute. “Tenth Amendment”. U.S. Constitution, https://www.law.cornell.edu/constitution/tenth_amendment. Accessed 7 Oct. 2021.
Legal Information Institute. “The Establishment of Judicial Review”. U.S. Constitution Annotated, https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/the-establishment-of-judicial-review. Accessed 7 Oct. 2021.