The President of the United States takes an oath to the Constitution of the United States; separation of powers demands the Supreme Court and the Congress do the same. The 1803 Marbury v. Madison ruling of SCOTUS , changed that, giving birth to the myth of the “living and breathing” Constitution that established judicial Supremacy. The ruling interpreted to mean that the judiciary must be the ultimate arbiter of laws and actions constitutionally – judicial decisions can constrain the other two governmental branches. In retrospect, Thomas Jefferson looked back on this event during his term of office concluding:
“To consider the judges as the ultimate [deciders] of all constitutional questions [is] a very dangerous doctrine indeed. Our judges are as honest as other men, and not more so.”
Knowing power tends to corrupt, Madison pointed out that the Constitution was created to overcome this weakness: “ (We) have staked the whole future of our nation … upon the capacity of each of ourselves to govern ourselves according to the moral principles of the Ten Commandments.”
Mankind’s journey through the centuries, to often lawless and sinful, has abused the freewill given by God only limited by His law. These are the inherent God given rights our government was the first pioneer to secure in history. Lincoln knew liberty demands this moral code be obeyed, placing this moral responsibility on you and I:
“We the people are the rightful masters of both Congress and the Courts — not to overthrow the Constitution, but overthrow the men who pervert the Constitution.”
President Andrew Jackson also throws the ball back in we the people’s court. What we should do about the tyranny of overreach and usurpation: “The great constitutional corrective in the hands of the people against usurpations of power, or corruption by their agents is the right of suffrage (voting); and this when used with calmness and deliberation will prove strong enough.”
Scripture describes fallible human nature , “All have sinned and fall short of the glory of God.” This includes the Executive, Legislative and Judicial branches. Marbury vs. Madison, today, challenges legitimate presidential power per Article II, Section 3: “he shall take care that the laws be faithfully executed.” American’s have a purely unbiased arbitrating rule to go by in Provers 14:34 to pass judgement on government: “Righteousness exalts a nation, and sin condemns any people.”
The bucks stops with you and I. Let us correct the lawbreakers and kick them out of office. For more information, read the March 25, 2025 issue at thenewamerican.com .
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