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Saturday, June 3, 2017

No, The Supreme Court Isn't Above The Constitution.

"I created you, and I will be your end!" the Greek god of the sky, Zeus, shouts to his son Kratos in the legendary video game God of War III. Ironically, Kratos will go on to kill his father and, subsequently, himself by the story's end. This classic concept has become almost a cliché, the idea of man creating something that takes on a mind of its own and ends up becoming more powerful than its creator and needing to be destroyed in order to protect the very existence of mankind. It's the basis for the movie Avengers: Age of Ultron, in which scientist Dr. Henry Pym creates a robot so intelligent that it ultimately goes rogue and threatens planet Earth. It's the idea behind automation, which is slowly killing factory jobs in rural America. It's the very concept behind the evolutionary cycle of man. We are all spawn of humans (except, perhaps, John Kerry), who nurture us as we steadily grow stronger and they grow weaker. It's a natural cycle that prepares us to take our parents' place in society upon their deaths. This is the principle behind the Oedipus and Jocasta complexes, the subconscious rivalry young boys and girls have with their same-sex parents over the affection of their opposite-sex parents. And, yes, this is even becoming a reality in the three-branch system of government our founders established 241 years ago.

Many on both the left and the right seem to misunderstand the concept of inalienable rights. The Constitution was written by people who knew all too well the dangers of a tyrannical, overreaching government and fought a war for their basic rights as human beings. It was designed with the belief that certain rights transcend any human system of government and that no man has the right to take these away from his fellow men, among these rights being life, liberty, and property.

I recently had a discussion with a leftist over the Supreme Court’s power to interpret the Constitution. Her argument was that, if the Supreme Court rules a law constitutional, then the law is officially constitutional, regardless of what the actual text of the Constitution reads. There can be no further discussion or debate on the constitutionality of the policy, and the ruling cannot be overturned. This seems to be a circular argument, as it essentially asserts, “The Supreme Court must follow the Constitution, and the Constitution means whatever the Supreme Court says it means.” By this logic, the Supreme Court would be able to rule away any right, including the inalienable rights to life, liberty, and property, simply by falsely declaring that they are not protected by the Constitution. Where does this stop? Can the Supreme Court rule that the Constitution says all members of a minority race or religion are to be placed in internment camps, as President Franklin Delano Roosevelt once did? Can the Supreme Court rule that the president has the power to write his own laws independent of Congress, as President Obama did by ratifying a global treaty without senatorial consent

When the one branch of government tasked with defending the Constitution and our inalienable rights goes rogue, will we simply sit back and give up our basic rights as humans, allowing ourselves to become slaves to whoever the courts tell us is our ruler? Much like Ultron in Avengers, the judicial branch is a man-made institution with an intended purpose. It was written into our Constitution to protect us from a tyrannical government, to be an independent check on the excesses of power possessed by the legislative and executive branches. But what happens when the judicial branch itself becomes tyrannical? Over the past few years, and especially since President Trump's inauguration, we have seen judges at every level of the court system rule with their own partisan political agendas in mind, rather than in a bona fide effort to actually interpret the text of the law as it is written. Whenever any apparatus abdicates its duty to perform the task it was designed to perform, it follows that its creators have two choices: revise or replace the tool, or accept the fate of being run into extinction by their own creation.

A man-made device does not have ultimate authority over the very men who made it; it only has as much power as its makers choose to give it. Should the judicial branch continue upon the rogue path on which it has embarked, the path of essentially writing policies with a gavel, will We the People take the initiative ourselves to protect our rights from a tyrannical government so that our civilization does not crumble? Or will we leave future generations to inherit a savage society in which mankind is enslaved to its own creations?

Just as man himself is imperfect and vulnerable to corruption, man's institutions are inherently as flawed as mankind itself. We should absolutely be cognizant of the real threats the institutions man has designed continuously present to our existence. A judge or justice is not inherently “legitimate” simply because he has gained the favor of 51 politicians in a country of 326 million people. Not only are judges part of a man-made system, but they are men themselves, and as such they're deeply flawed and should never have the power to vote away the inalienable rights of an entire nation, just as we wouldn't allow any of our congressmen or a president to do so. A body of nine individuals cannot be trusted unequivocally to protect our liberties. We must always remain vigilante and watchful of the decisions our judicial branch is handing down and remember that there will inevitably come a time when our institutions grow boorish and unruly. And it will then be our responsibility to reform or, if necessary, destroy them, so that they do not bring about our demise.

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