I sat intently in front of the television as the evening news was being aired. I then watched in despair as the newscaster announced the decision of the Supreme Court of the United States to overturn the Defense of Marriage Act. At the stroke of a pen, a law enacted by our republican form of government was subverted at the hands of a panel of nine, unelected judges. It is the duty of the judicial branch of government to interpret the law, but that is simply not what I it does. We are living in a country with a judiciary that is constantly driving a knife into our republic, and I fear that our nation is slowly bleeding to death because of it. The Supreme Court is detrimental to the United States.
Origin of the Supreme Court
No one can draw a perfect circle. We know this because we know how a perfect circle is supposed to look. Similarly, in order to know when the Supreme Court is overstepping its bounds, we must know what its bounds are. When we know what the Supreme Court is supposed to be, we will see how terribly distorted it is now.
James Madison warned that a judiciary that struck down law based on opinion would quickly become more powerful than the Legislature itself. When the Constitution was written, the authors explicitly prohibited a judicial branch that enacted policy (Barton 262-66). I think it is important to note that the United States’ legislative authority was identified in the very first clause of the Constitution. Article I, Section 1 states: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Sometimes, when we want to emphasize how important something is, we say it is at the top of our list. It was no accident that the founders installed the legislative authority first. It is emphatically clear that all federal lawmaking authority is possessed by a bicameral legislature alone, all other entities completely excluded. It took once sentence to establish that fact of absolute importance.
With that in mind, let’s travel down the road to Article III, where the judicial branch, or the judicature, was established. Article III, Section I of the Constitution states, “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” What was the purpose of this unique entity called the Supreme Court? Alexander Hamilton explained it best in The Federalist, No. 78, in which he wrote the judiciary has neither sword nor purse to enforce its decisions: that the effect of its decisions was never to reach beyond the judicial branch. The Federalist, No. 78 was written to the people of New York to persuade them to be in favor of the new plan of government, the Constitution. Hamilton, in his work, had to calm their concerns of an overreaching judicature. Thus, he detailed the standard set forth in the Constitution that judges...