The great harm done to America by liberal judges is, in no small part, due to the shameless contrivance and exploitation of the Marbury v. Madison decision. It was not the intent of the Marbury v. Madison decision to make the court supreme and enable judges to assume the role of the people’s representatives and make law. The court simply settled a dispute as prescribed by the Constitution. Liberals who believe that unelected judges have the right to originate laws or step in and be administrators in non-court administration matters demonstrate an immoral, supremacist violation of Constitutional separation of powers.
Repeating the words of Chief Justice John Marshall: “The government of the United States has been emphatically termed a government of laws, and not of men… That the people have an original right to establish for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The principles… are deemed fundamental. And as the authority, from which they proceed, is supreme… they are designed to be permanent.”
John Marshall endured the freezing winter at Valley Forge as a soldier in the Third Virginia Regiment in the War for Independence. He risked his life to enforce the moral absolutes as the predicate for law outlined in the Declaration of Independence.
Further proof of Chief Justice Marshall’s rejection and avoidance of secular adventurism in Marbury v. Madison is his letter to Jasper Adams, written May 9, 1833, “The American population is entirely Christian, and with us Christianity and Religion are identified. It would be strange indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it.”
A notable perversion of the purpose of judicial review came fifty years later in the Dred Scott v. Sandford opinion. That decision by the court eliminated any doubt about the appetite of some judges for overtaking the role of the people’s representatives elected to establish law. The Dred Scott v. Sandford decision decreed that African Americans could not be citizens under the Constitution because they were “of an inferior order.” What an egregious violation of the Supreme Court’s authority! President Abraham Lincoln opposed the decision, and it did not stand as precedent for long. Thank God.
~ David Norris