Judicial power

Posted Friday, Dec. 07, 2012 0 comments  Print Reprints
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Without the Declaration of Independence, we would have remained colonies under the tyranny of the British monarchy. But the Declaration is far more than a declaration of war for independence. It is the authority for our very existence as a free self-governing republic. It contains all the fundamental principles of American government, law and liberty.

The Constitution, on the other hand, is simply the organization of the powers of government to administer the principles of the Declaration. It is statutory law made by lawmakers, not common law made by judges. Therefore, only lawmakers (Congress), not judges, can make laws "pursuant to the Constitution" and declare such "the law of the land."

Having not bound the Declaration to the Constitution, we have fallen under a tyranny more intolerable than British monarchy: federal judicial despotism, wherein one judge can trump the acts of Congress or the expressed will of the people. Thomas Jefferson, "The Author of the Declaration," clearly foresaw this judicial treachery.

-- Al McCann, Colleyville

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