The power of the courts has expanded by a process that can only be described as judicial usurpation. The radical interpretation of judicial review has given the courts an expansive capacity to literally nullify the constitution in the name of preserving it. From the Marbury case of 1803, it was about 54 years until another case exemplified the slippery slope of judicial tyranny in a pristine fashion. The case in point was the Dred Scott case of 1857 where the courts invented an individual right to property that included the owning of slaves; going as far as decreeing that even free blacks were not citizens. That court sold its case as one of protecting individuals (and the minority) from the moralistic impositions of majorities. Through judicial usurpation they invented a right that is nowhere in the constitution: the right to own human beings as property. It was by advocating a nefarious and absurd idea of what constitutes individual freedom (where the content of choice never gets in the picture) that they injected themselves into the issue. Then, as today, they accused others of injecting religious views into an issue even by means of rejecting the freedom that the constitution grants to individuals. They found a way to impose their views under the guise of neutrality. The folly continues today on a variety of other issues.
Posted on: Sun, 06 Apr 2014 23:19:14 +0000
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