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. I...
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... Publishing, Ltd., 2007. Print.
Barton, David. “Original Intent.” Aledo: Wallbuilder Press, 2008. Print.
Black’s Law Dictionary. 9th Edition. St. Paul: West, 2009. Print.
Hamilton, Alexander. The Federalist, No. 78. “Selected Federalist Papers.” Mineola: Dover Publications, Inc., 2001. Print.
Hamilton, Alexander. The Federalist, No. 81. “Selected Federalist Papers.” Mineola: Dover Publications, Inc., 2001. Print.
Levin, Mark. “Men in Black.” Washington, D.C.: Regnery Publishing, Inc., 2005. Print.
Levy, Leonard W. “Origins of the Bill of Rights.” New Haven: Yale UP, 1999. Print.
Savage, David G. “Supreme Court rules mandatory juvenile life without parole cruel and unusual.” LATimes.com. Los Angeles Times, 25 June 2012. Web. 6 August 2013.
Scalia, Antonin, “Supreme Court Agenda.” By C-SPAN. Washington Ideas Forum Interview. 6 October 2011. Web. Aug. 2013
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