July 12, 2015

INDEED, THE GOVERNMENT OUGHT NOT EVEN ARGUE SUCH CASES...:

The Unsoundness of Judicial Supremacy (Paul R. DeHart, July 7th, 2015, Public Discourse)

Decisions of the Supreme Court that go beyond power delegated to the judicial branch or are contrary to the Constitution are null and void. To protect our constitutional republic, citizens, states, and the other branches of the federal government must resist any such decision.

The Supreme Court looms large in American politics. In fact, many accept the claim--made by the Court and others--that the Supreme Court gets the final say as to what counts as law under our system of government. Judicial review is now bound together with the doctrine of judicial supremacy, crafted by Chief Justice Roger Taney in Ableman v. Booth--the case that infamously upheld the Fugitive Slave Act.

Together with Thomas Jefferson, Abraham Lincoln, Carson Holloway, and Robert George, I dissent from this view. Judicial supremacy is contrary to republicanism (that is, to popular sovereignty) and to constitutionalism (that is, to the rule of law rather than men). Indeed, the doctrine of judicial supremacy unravels the entire fabric of our constitutional order.

...before a Court which has no legitimate say on the matter.
Posted by at July 12, 2015 6:53 AM
  

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