JUDICIAL TYRANNY - America's Constitution replaced with shifting sand!

I had planned a couple of spiritual posts this morning, some things I've been working on, but yesterday's fiasco has me wondering about the need ... I mean, if my house is on fire, and I rush in to save my family only to announce a three part lecture on fire safety and proper respect for firemen ... well, you get the picture.

When a major source of news analysis and opinion, like the Wall Street Journal, prints a lead editorial on judicial tyranny (registration required) that you could have written yourself (if you had their money, computers, and research assistants), you know your concern for the health of your nation is not far off the mark.

I'm certainly observant enough to have opened with this ...

The battles in Congress over the appointment of even lower court federal judges reveal a recognition that federal judges are now, to a large extent, our real lawmakers.

So concerned about the future of this great people that lately strange questions asking myself am I,* "Why spend all the money and lives on a 'war on terror' when you have an enemy like the federal judiciary cutting the nation's spinal cord from within?"

The editorial is titled: "Death by 'Due Process' Activist courts are defying, not enforcing, the Constitution" and was written by Lino A. Graglia.

After a brief discussion of various options and several salient points, Graglia wagers our future on this hopefilled statement ...

If the justices lost the ability to invalidate state law on the basis of their political preferences, their ability and willingness to invalidate federal law on this basis would likely also diminish.

Excuse me, but I don't think so. These lawyers in judicial garb are much like child-molesters, you can punish them, rehabilitate them, and shame them but the recidivism rate is huge. These men in black are addicted to some powerful high acquired from making national policy. Nothing short of changing the bedrock of their authorities is going to "diminish" this.

The problem is that the Supreme Court justices have made the due process and equal protection clauses empty vessels into which they can pour any meaning.

Sorry again! That may be "a problem" but not the problem. The problem is two-fold: first and foremost, lawyers in all three branches of government at every level; second, the legislative branch is so caught up in its own self, bloviating and pontificating, that it has forgotten its "equal" role in the balance of powers of our government. That is compounded by a GOP composed of gutless wonders absent even the arrogant courage of the "mouse that roared."

No one can argue openly that leaving the final decision on issues of basic social policy to majority vote of nine lawyers--unelected and life-tenured, making policy decisions for the nation as a whole from Washington, D.C.--is an improvement on the democratic federalist system created by the Constitution. Yet that is the form of government we now have.

This is so true and the reason I will probably switch to the Constitutional Party. Not because the GOP is so unpalatable but because both parties continue their Neroesque behavior while America burns. If they can't see what is happening, together, and respond for the people, neither of them deserves to hold office.

Rule by judges is in violation, not enforcement, of the Constitution. Ending it requires nothing more complex than insistence that the court's rulings of unconstitutionality should be based on the Constitution--which assigns "All legislative Power" to Congress--in fact as well as name.

The only thing encouraging in all of this is a recent spat of liberal constitutional lawyers and law school professors expressing concern as well.

Personally, I'd like to see a constitutional amendment prohibiting lawyers from serving in government at any level ... lawyers are a plague on this country.

* If you don't know who Yoda is don't ask!