Adam’s Blog

That’s my thing, keepin’ the faith, baby. –Joe Friday

Restore the Constitution

Posted by Adam Graham on April 25, 2005

The atmosphere in Washington grows more poisonous as a showdown looms on filibustering judicial nominees. It would serve us well to realize the source of the problem. Its not that judges are liberals or congress is made up of conservatives. Rather, the battle in Washington is about a federal government that’s grown too large and intrusive.

If you’d told the Founding Fathers we’d get to the point where federal courts would be the branch of government charged with decorating our nations courthouses, parks, and schools, they wouldn’t have believed it. Yet, here we are, 230 years later and we live under a judicial autocracy and an expansive central government. This is why the issue of who sits on the courts has become critical. It is the courts who have become the supreme branch of government, effectively eliminating the idea of coequal branches as there is no real check on their power.

We have seen the unprecedented battles against Bush’s nominees because they are a threat to the permanent liberal governance of this nation through the judiciary. Thus, all-out total war is called for on both sides.

The problem is not the Republicans nor the Democrats, its the judiciary’s power grab that has caused judicial nominations to become so important. This is not a battle over who shall interpret our laws, but rather over who shall be our sovereigns, our masters. Who shall decide every detail of our cultural future from hundreds of miles away?

The idea that while we make the world safe for democracy, our own country has become a judicial oligarchy is repulsive. The anger on the right is understandable.

The truth is that as much as the left talks about persuasion as a means to resolve conflict, they have only one way to achieve their social goals: raw judicial force. Most Americans are not with them, even after decades of indoctrination. Since 1964, only one Democrat received a majority in a presidential election. They can’t win the support, confidence, and trust of the American people to pass their agenda, so they must control the courts.

Its time to do more than just change personnel, we must restore the Founders’ intent for the balance of power which was spelled out by James Madison in Federalist 45, “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Madison intended that State governments should pass laws governing “all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people…” Simply put, the issues that most concern us should be decided at the state and local level.

Its time to re-examine role of the federal government in social legislation. Congress can by a simple majority limit the jurisdiction of the federal courts and repeal much of the legislation that’s been passed in recent years on a variety of topics.
There no Constitutional federal role in gay rights, religion in the public square, and a very limited role in the issue of abortion (overseas military bases, taking minors across state lines to get abortions, etc.) On the flip side, there is no Constitutional role for the federal government in assisted suicide, nor can I find one clause that grants the DEA the authority to arrest people for using drugs.

It should not concern the State of Idaho if California legalizes marijuana, nor should it cause the state of New York any concern if Alabama puts up a Ten Commandments monument. Let each state have its own laws and then we can judge whose right by the results. Those who don’t like the laws in their particular state can move.

If we do this, something remarkable will happen. Slowly, but surely Washington’s poisonous atmosphere will begin to clear as true power is returned to the people of the States and the federal government focuses on powers expressly granted to it by the Constitution.


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