Recently, a rogue U.S. District Court Judge issued and a panel of the Ninth Circuit Court of Appeals affirmed one of the most egregious judicial decisions in American history, dramatically undermining and thus relegating the issue of the sovereignty of this nation to the courts and unelected judges. This was the culmination of decades of ever expanding judicial activism enabled by the failure of Congress to enforce its prerogatives and rein in this runaway usurper of political power. The matter of the supremacy and influence of the judiciary in a representative republic has been an issue of contention since this nation’s inception, as the founders, while geniuses in their overall concept of government, erred greatly in the creation of an unaccountable Judiciary by relying on a factious Congress to serve as a check and balance on a co-equal branch when necessary.
A major issue of debate during the Constitution ratification process in 1788 was the structure, power and control of the Judiciary. The issue was twofold: 1) the degree of independence and the level of accountability of federal judges; and 2) Judicial Review of laws and statutes passed by Congress.
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