Tuesday, March 26, 2013

Judges shouldn't have final say

Judges shouldn't have final say  (and they don't!)

(My Clovis News Journal column for February 22, 2013)

I am frequently amazed that more people don't see the fundamental folly in permitting a branch of the government- the Supreme Court- to claim to have the final say in whether or not a particular law is constitutional. That power wasn't granted them- they grabbed it for themselves in the early nineteenth century. In the year 1803 in the "Marbury v. Madison" decision, to be exact.

The Constitution has one main purpose: to outline what the US government can do, and conversely to outline what it may not do- by not being given the authority, specifically, in writing. This shows that a primary purpose for the Constitution is to limit the government; to prevent it from getting too powerful.

Self-policing bureaucracies never police themselves very well, if at all.

Therefore, no one working for the government can legitimately have the authority to decide "constitutionality" for the same exact reason rapists don't get to decide what laws against rape "really mean".

The final say was intended to lie with you and with me; the Constitution means what it says. It was not written for lawyers, but for regular people of average intelligence. Give yourself more credit.

Fortunately we have the authority to individually nullify laws that go against the Constitution or our conscience even when the Supreme Court rules against "We the People". This authority has always existed, and has been a legal barrier against state corruption for over a thousand years. Up until the past couple of generations, honest judges actually informed people of their right and duty to judge not only the facts of the case, but whether the law being used against the accused was a legitimate law.

Nowadays even uttering the phrase "jury nullification" can get you barred from serving on a jury, or in severe cases, can get you charged with contempt by an angry judge who seeks to serve his gang at the expense of justice.

You also have the ultimate power to nullify bad "laws" by refusing to comply. Even the Supreme Court agrees, and said so in the otherwise flawed "Marbury v. Madison" decision: "A law repugnant to the Constitution is void." There is no obligation to obey it and enforcing it is wrong.

And, the kicker is that you don't ethically have to wait for the Supreme Court to agree with you. You have a mind, can read and reason, and you can tell right from wrong. Nullify away, with the full understanding that being right when the government is wrong can be dangerous.


Bonus video:


No comments:

Post a Comment