Monday, May 20, 2013

Absolute Power Corrupts Absolutely - A continuation perspective



 John Emerich Edward Dalberg, Lord Acton
Whenever the too much power is concentrated into the hands a few individuals a situation exists that leads to tyranny. When power is diffused over many, the potential for the abuse of power is greatly diminished. Justice is unlikely in a society where 9 lawyers are appointed by a corrupt President and confirmed by an equally corrupt group of Senators. To grant these unelected lawyers the authority to determine the meaning of the Constitution is like hiring Jerry Sandusky to supervise the boy's locker room. 

That is why the authority to interpret the Constitution was not granted to the Supreme Court in Article III of the Constitution. The authority to interpret the Constitution was a power that was granted to the Court by Chief Justice John Marshall.

The power of the Supreme Court to interpret the meaning of the Constitution was not granted to it in the Constitution. The Supreme Court was given the task to preserve, protect and defend the Constitution. In 1803 Chief Justice John Marshall in the Marybury versus Madison decision declared that the Supreme Court had the lawful authority to be the final arbiter of the Constitution. This power was not delegated to the court, it was an implied power.

This unauthorized assumption of power has led to the concentration of power into to the hands of Justices that are not accountable to anyone. If the Supreme Court makes a mistake, who is there to prevent a miscarriage of justice? If they people are sovereign then the people should be the ones to decide what is just and what is unjust. Since we live in a Republic the spokesmen for "We the People" is the County Sheriff. When the Sheriff takes office he or she swears to uphold the Constitution. How is it possible for a Sheriff to honor his oath when he is subject to the authority of the 9 justices on the Supreme Court?

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