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Jefferson was Right to Fear the Courts

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J. Robert Smith

 

In a little more than a week, federal judges — liberal activists both — have ruled to stay or strike down state laws in defiance of the will of the people.  Arizona’s immigration law was first.  Next was a ruling by a federal judge to strike down California’s Proposition 8, which voters there passed to define marriage between a man and a woman. 


From somewhere beyond the veil, Thomas Jefferson must be smiling wryly.  Two hundred years ago, Mr. Jefferson saw the great potential for the judiciary to overstep and abuse its powers.  As conceived by the Founders, the federal courts were chiefly designed to be a modest check upon the executive and legislative branches of government.  And to adjudicate disputes among the states.    


Mr. Jefferson wrote:



The great object of my fear is the federal judiciary.  That body, like gravity, acting with noiseless & unalarming advance [is] gaining ground step by step… Let the eye of vigilance never be closed.[i]


As Jefferson foresaw, unelected jurists who enjoy lifetime tenure act today not to enforce the Constitution in accord with the Founders’ intent, or to adjudicate laws and legislation consistent with lawmakers’ intent, but chose to impose on the law interpretations that advance the interests of liberal ideological agendas.  And to interfere in matters on the local and state levels that exceed federal courts’ authority.   more here>  www.americanthinker.com/blog/2010/08/jefferson_was_right_to_fear_th_1.html



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