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.
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.
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.
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.
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.
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!