The Despotic Branch - Selective Compliance

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The Despotic Branch – Selective Compliance
An extended arm of extreme liberals.
Absolute power, exercised unjustly or cruelly: autocracy, dictatorship, totalitarianism, tyranny.

"If the policy of the Government upon vital questions...is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made...the people will have ceased to be their own rulers."
Abraham Lincoln stated March 4, 1861

See also Supreme court Decisions

"One hundred and seventy-three despots would surely be as oppressive as one."
James Madison (Federalist No. 48, 1 February 1788) Reference: Madison, Federalist No. 48.

"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account." Thomas Jefferson (letter to Monsieur A. Coray, 31 October 1823) Reference: respec. Quoted (http://PatriotPost.US/histdocs/)

“It isn’t actually our ‘system’ of government that is broken. The Constitution established an excellent system from which contemporary leaders regularly seem to depart. The Founders gave us the parchment equivalent of a GPS system that, if followed, gets us where we ought to go, but if ignored, causes us to become lost.” --Cal Thomas

"A judicial activist is a judge who interprets the Constitution to mean what it would
have said if he, instead of the Founding Fathers, had written it." --former senator Sam Erving (1896-1985)

Foundation

"On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the one in which it was passed." Thomas Jefferson

"If the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, ... the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal." Abraham Lincoln

“Time and time again, proponents of . . . policies which have little or no support in the elected branches of government . . . bypass the democratic process by way of activist courts. Activist courts, in turn, impose new policies on our nation without passing a single bill through a single house of a single legislature. That is not judicial independence. That is judicial supremacy, judicial autocracy. It has no basis in the Constitution, but merely in the frustrated imagination of an out-of-touch political movement whose worldview the American people simply will not endorse.” Tom Delay

"The Judiciary...has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will." -- Alexander Hamilton (Federalist No. 78, 1788) Reference: Hamilton, Federalist No. 78 (465)

"An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others." —James Madison

Also see: The Existential Establishment Clause: How does that make you feel?

"It has long, however, been my opinion, and I have never shrunk from its expression...that the germ of dissolution of our federal government is in the constitution of the federal Judiciary;...working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped." Thomas Jefferson

"Let the pulpit resound with the doctrine and sentiments of religious liberty. Let us hear of the dignity of man's nature, and the noble rank he holds among the works of God. ... Let it be known that...liberties are not the grants of princes and parliaments." John Adams

"While people in various countries in the Middle East are beginning to stir as they see democracy start to take root in Iraq, our own political system is moving steadily in the opposite direction, toward rule by unelected judicial ayatollahs, acting like the ayatollahs in Iran." Thomas Sowell March 2005

Despotism

80% of Americans oppose gay marriage. 80% of Americans want voluntary prayer in schools. 90% of Americans support displaying the Ten Commandments in public buildings. 95% of Americans want the Pledge of Allegiance recited in schools with "under God." 90% of Americans support the rights of Boy Scouts use of public buildings while not allowing openly homosexual Scoutmasters. 80% of Americans believe government spends too much. -- Citizen Leader Coalition

"The invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the Constituents." James Madison (letter to Thomas Jefferson, 17 October 1788) Reference: The Constitution of Liberty, Hayek (475); original The Complete Madison, Padover (253)

"No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity." James Madison, The Federalist Papers No. 10

Ruled National Prayer Day unconstitutional

Making same-sex marriage a marriage made in court

Liberals are in favor of redefining marriage to undermine and weaken the traditional family, because traditional family members tend to vote conservative on moral issues. Therefore judges, like Massachusetts Chief Justice Marshall, prevent a government by the people, by creating law instead of ruling on the law. Government run "public" schools can continue to thwart parents by teaching sex education - not abstinence - distribute condoms, provide abortion counseling, teach homosexuality is normal, prevent parental choice with vouchers, thus continuing to indoctrinate - not educate - children as global citizens with American history reflecting only a secular foundation, and keep prayer out of schools. All without a popular vote, most without parental knowledge or consent.

Why Jefferson and others warned of judicial despotism...

Thomas Jefferson warned: "The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch." And "It is not honorable to take mere legal advantage, when it happens to be contrary to justice." Yet judges are now redefining marriage, allowing children being taught that that which “goes against nature" (Romans 1) is normal, while outlawing prayer and the Ten Commandments. It begs to ask, what the real “hate crime” is? Is it calling faith-based parents bigots because they choose to hold morality as a high ideal in raising their children and declare homosexuality a sin?

Thomas Jefferson (letter to Monsieur A. Coray, 31 October 1823) "At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account."

Samuel Adams "A general dissolution of principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy. While the people are virtuous they cannot be subdued; but when once they lose their virtue then will be ready to surrender their liberties to the first external or internal invader."

The Founding Fathers never meant for federal courts to turn into judicial tyrannies. In fact, in 1788, Alexander Hamilton wrote that "The judiciary is beyond comparison the weakest of the three departments of power." Liberals, of course, claim that the courts have judicial supremacy and can overturn laws as well as impose their social agendas at will. This is a myth.

Thomas Jefferson "On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed."

In 1819, Thomas Jefferson, who probably had a fairly good grasp of how our government was to function, said: "If this opinion [of judicial supremacy] be sound, then indeed is our Constitution a complete felo de se [act of suicide]."

Thomas Jefferson: "One single object...[will merit] the endless gratitude of the society: that of restraining the judges from usurping legislation."

Thomas Jefferson: "The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."

Joseph Story: "The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defence of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day."

James Monroe: "How prone all human institutions have been to decay; how subject the best-formed and most wisely organized governments have been to lose their check and totally dissolve; how difficult it has been for mankind, in all ages and countries, to preserve their dearest rights and best privileges, impelled as it were by an irresistible fate of despotism."

Abraham Lincoln: "America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves."

Ronald Reagan: "Acts of the national government -- whether legislative, executive, or judicial in nature -- that exceed the enumerated powers of that government under the Constitution violate the principle of federalism established by the Framers."

Habakkuk 1:4 (NASB): Therefore, the law is ignored and justice is never upheld. For the wicked surround the righteous; therefore, justice comes out perverted.

Jesus stated: "And this is the condemnation, that light is come into the world, and men loved darkness rather that light, because their deeds were evil. For everyone that does evil hates the light, and doesn't come to the light, lest their deeds should be reproved."

Jurist And Columnist Challenge Lawless Judicial System Summary: Judge Robert Bork and syndicated columnist Thomas Sowell are both asking why judges think they are free from any restraints of the law in making their rulings.

An advocate for constitutional government says activist judges could be dealt a fatal blow if Congress would follow its mandate and use the authority granted to the legislature by the Constitution to keep the courts in check. Many conservatives feel that liberal judges who make law rather than interpret the Constitution have been leading an assault on the traditional values on which America was founded. But Howard Phillips of the Conservative Caucus says that could all end if the U.S. Congress would act. "Article Three gives Congress the power to abolish every federal court except the Supreme Court, and to limit the jurisdiction of the Supreme Court," he says. He goes on to explain that this empowers Congress to prevent the courts by statute from ruling against the public display of the Ten Commandments, the inclusion of "one nation under God in the Pledge of Allegiance, prayer in schools, and similar religious freedom and freedom of expression issues. Phillips says these rights are guaranteed, "you don't need a Constitutional Amendment -- it's in the Constitution." Unfortunately, he says, Congress has been derelict in its duty to protect these rights by failing to oversee the courts more closely. AgapePress.org NEWS BRIEFS (http://headlines.agapepress.org/archive/12/112003h.asp)

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