In the Federalist Papers, Alexander Hamilton wrote that the judiciary was the least dangerous branch of government. The decision by the United States Supreme Court in Department of Homeland Security v. Regents of University of California that denies a duly elected President the constitutional right to void an executive order of a prior administration serves to illustrate that the judiciary has become, in fact, the most dangerous branch of government. And while some may believe that the ends justify the means, it establishes a very dangerous precedent that those celebrating today’s decision may soon come to regret.
Just as he did eight years ago, in redefining the individual healthcare mandate to be a tax, when Congress made no such reference in the legislation, Chief Justice Roberts has engaged in the worst form of judicial activism, substituting political considerations for legal ones. Article I of the U.S. Constitution begins by stating that all legislative powers are vested in an elected Congress, not the unelected judiciary whose function is solely to interpret the laws as written. This most basic principle of constitutional law seems to be lost upon the Chief Justice and the four associate justices with whom he joined, all of whom should resign from the Court and run for seats in Congress if they want to be lawmakers instead of jurists.
Justice Clarence Thomas eloquently reaffirmed basic constitutional law in his dissent, writing that “The Court could have made clear that the solution respondents seek must come from the Legislative Branch.” Justices Samuel Alito, Neil Gorsuch, and Brett Kavanaugh are to be commended for joining in that decision, but it should have been the unanimous decision of the Court as a matter of basic civics. Unfortunately, lawmaking has increasingly shifted to the unelected judiciary, who invented a “right to privacy” to justify abortion and has since continued to engage in invidious judicial activism. This, along with the delegation of increasing power to the unelected deep state bureaucracy, is a total betrayal of our Constitutional system of checks and balances and one that would appall all of our founding fathers, including Hamilton.
The Supreme Court’s judicial activism reaffirms the importance of re-electing President Donald J. Trump to a second term so that he can continue to appoint record-numbers of judges that respect the rule of law and the Constitution. It also reaffirms the importance of electing Conservative Party candidates at all levels of government and to all elected branches of government. Election Day is Tuesday, November 3rd and Conservative Party endorsed candidates will appear on Row C.
The views and opinions stated in the letter, reprinted above, are solely those of its author, David Mario Curcio, and do not necessarily reflect the views of the editors or managers of StatenIslander.org