Eagle Forum Legislative Alerts

Friday, February 03, 2012

Supreme Court Not the Voice of God

In the dozen presidential debates that we've watched on television over the last year, one of the topics that has not gotten the attention it deserves is the judiciary. After all, the power of the U.S. President to nominate federal judges, including Supreme Court justices, is one of the most important duties of the President, and we have a right to judge presidential candidates based on what kind of judges we think they will nominate.

The Founding Fathers believed that the judiciary should be the weakest of the three branches of government. However, a great change took place after Earl Warren became Chief Justice in the 1950s. He developed the notion that Supreme Court decisions are the supreme law of the land. In a famous case in 1958, he got the Supreme Court to declare "that the federal judiciary is supreme in the exposition of the law of the Constitution," and then asserted that this principle is "a permanent and indispensable feature of our constitutional system." That is simply not true. The U.S. Constitution declares that "the supreme law of the land" is "This Constitution, and the laws of the United States which shall be made in pursuance thereof." And our laws are to be made only by our elected representatives, not by appointed judges.

We live in a time when the liberals try to get judges to impose leftwing policies that our elected Congress and state legislatures will not impose. Same-sex marriage is a good example. Liberal attitude was articulated by Speaker Nancy Pelosi, when asked for her comment on the Supreme Court's anti-private property decision in the case called Kelo v. New London. She said and I quote: "This is almost as if God has spoken."

However, judges are not divine and their opinions are not holy writ. Public officials should speak out against the mistakes made by judicial supremacists, and Congress should use its constitutional power to stop judicial mischief by limiting the jurisdiction of the federal courts.

Listen to the radio commentary here:

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