BRINGING JUSTICE IN CHECK
Updated: Jul 27, 2020
In light of recent Supreme Court Decisions, the concern of tyranny from the Court can’t help but be felt. When the Supreme Court is incorrectly viewed as the preeminent branch of the 3, and its decisions are incorrectly revered as the supreme law of the land, the feelings of oppression from poorly reasoned decisions are tangible. This heavy weight of hopelessness is the natural response to any type of governmental control that goes beyond its proper authority, leaving the people with no legitimate means of redress.
Having studied the underpinnings of our Constitutional Republic for over 30 years and taught
Foundations of Law at Liberty University School of Law, I am well-aware of the need for the
strict separation of powers. But at least one of the requisite checks and balances the Founders carefully put in place for the protection of our liberties has, unfortunately, been forgotten. This lack of knowledge places our nation at risk.
When any branch is allowed to go beyond its proper authority and is not brought swiftly back into check, it places our liberties at risk. Such exercise of power beyond appropriate authority is something we have, unfortunately, been witnessing too often in these days of oppressive COVID-19 protocols and executive orders by governors going way beyond what have been lawfully afforded them. But while many of these gubernatorial overreaches are somewhat unprecedented, unconstitutional actions by the Supreme Court have become so commonplace that their decisions are routinely viewed as beyond reproach. This is, however, not the case.
The founders knew that from the way they had created the 3 branches the Judiciary would
necessarily be the weakest. However, they were equally as aware that should the court
overstep its proper authority and begin to make law, that it would easily become the most
powerful, and as such, a very dangerous threat to our Republic and the liberties and freedoms of the American people. They were not worried that such a threat would ever take place though because of the check that Congress was intended to use should the Court ever trespass into its realm of creating law. They deemed judicial legislating an impeachable offense and had no doubt that Congress would swiftly take action to confront the arrogance of any justice blatantly willing to usurp a power which only belonged to Congress - the power to make law.
James Madison warned, “Because it is proper to take alarm at the first experiment on our
liberties. We hold this prudent jealousy to be first duty of Citizens.” Madison’s concern was that if we suffer assaults on our liberty through excessive power, and we allow those errors to
become accepted through a failure to respond, then we effectively become enslaved to these errors. It is for this reason that we the people need to send a clarion call to the House to Impeach those justices who unconstitutionally create law and a clear mandate to the Senate to find those justices guilty for failing the American people and their oath of office to uphold the Constitution.
This check is an extremely timely and necessary one considering how brazen the Court has gotten with their blatant willingness to make law. Congress is the branch vested with the power to make law, not the courts. So, when Congress has debated an issue and proactively made a choice as to whether a law should be passed, the Court cannot override Congress’ decision through its own rulings. Justices who disregard the constitutional limits to their power by creating such law are no longer acting in good behavior, and as such, should be impeached and removed from the bench.
This is the only way to keep our Republic from becoming nothing more than an oligarchy of 9 justices dictatorially ruling our nation. Their actions are an attack on Congress, the power of the Presidency, the will of the people, and leave us as a nation with no recourse. The time to act is now. We must act swiftly and decisively. We need to send an unambiguous message through the November elections that we want Congressmen who will boldly fight to uphold the Constitutional separation of powers and hold those justices who refuse to do so accountable.
To give a little more clarity of the huge importance this issue has, simply look at the recent
Supreme Court decision of Bostock v Clayton County. 6 of the 9 Supreme Court Justices
(Roberts, Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch) defied their Constitutional limits by
choosing to create law. Conversely, Justices Thomas, Alito, and Kavanaugh chose to stay
within their Constitutional authority. In his dissent, Justice Alito stated, “There is only one word for what the Court has done today: Legislate.”
This recourse and proper check of impeachment is not a political, policy, or partisan issue. Two of the Justices who chose to use Bostock as a chance to legislate, Gorsuch and Roberts, are Republicans. Nor is this about who nominated the justices; Gorsuch was nominated by Trump. This isn’t even about the substantive outcome. This is simply about Judges knowing that if they violate their oath to uphold the Constitution by making law, they will be impeached.
Though this may seem like an extreme reaction, it is a necessary one if the integrity of our Constitution is to be preserved. This should be done, and this must be done if we are to have any hope of curbing the inevitability of continued tyranny by the court. For too long, little by little, Congress has allowed the Judiciary to steal its power, which has now set up such a strong precedent that the idea of using a check which was always intended as the right recourse to saving the very nature and function of our government is made to seem impossible, but this is not so. By calling for the impeachment of those who have gone so far as to blatantly and unabashedly exercise power they do not possess, we take the first step to correcting decades of judicial overreach and the opportunity to have a Supreme Court composed of Justices who truly revere and uphold the Constitution.
If you agree that this is the vehicle for reformation for which we have been praying, click here to sign a petition calling on Congress to impeach the 6 judges who have disregarded the
Constitution by making law. Then ask your friends, your neighbors, your churches, your pastors, to sign as well and pray. This is our day to take action and this is our way to take action. As the body of Christ, we must reclaim our Republic and protect the true Rule of Law!
The thought of using such a check may make many uncomfortable, but we must view this situation in the proper light. When we allow man-made law through improper authority to be imposed upon us as a nation, we submit to tyranny that hinders our liberty. Not only that, but because we incorrectly perceive that we have no means to throw it off, we allow an entangling in a web through our silence and inaction. God, the God of liberty, never wants anyone to surrender to such domination.
Therefore, since we are surrounded by such a great cloud of witnesses, let us throw off everything that hinders and the sin that so easily entangles. And let us run with
perseverance the race marked out for us, fixing our eyes on Jesus, the pioneer and
perfecter of faith. Hebrews 12:1-2