Free Republic

Just as Rome never had a king after deposing the last Tarquin, yet breathed her last under unlimited Emperors, America will never have an unlimited, absolute monarch. Instead, it has an oligarchic, arbitrary Supreme Court. While it is Constitutionally limited to the judicial power, as a practical matter Scotus recognizes no limits on its illegitimate power to legislate.1 It writes law. It rewrites law. It permits executive branch agencies to write laws. It creates rights. It denies rights. It denies religious liberty. It justifies murder and other crimes against nature. When Scotus simply disagrees with a state statute, it justifies...

What is the “Judicial Power?” It’s worth knowing because the Constitution’s Article III grants all of it to Scotus and inferior courts. Through the Judicial Power, may courts fabricate previously unknown rights? What about lawsuits against government climate or border wall policies? Is this what the Framers had in mind? The language of Article III § 2 makes clear the Framers did not envision federal judges rummaging around as they pleased through the Constitution and laws of the United States, but instead provided for resolution of disputes arising in a “judicial” manner. The business of federal courts is limited to...

He has demonstrated that he understands the proper, limited scope of the judicial power, and of the federal government. When Justice Antonin Scalia passed away in February of 2016, the Democrats were excited. They want to dominate the Supreme Court with judges who are willing to sacrifice the Constitution for their leftist narrative, and with the very conservative Scalia dying, and the very liberal Barack Obama in office, the path to Supreme Court domination seemed to be within their grasp. The Republican-controlled Congress, however, was not so quick to grant the Democrats their wish. Merrick Garland was Obama’s choice, and...

Republican presidential candidates are issuing biting and sustained attacks on the federal courts and the role they play in American life, reflecting and stoking skepticism among conservatives about the judiciary. Gov. Rick Perry of Texas favors term limits for Supreme Court justices. Representatives Michele Bachmann of Minnesota and Ron Paul of Texas say they would forbid the court from deciding cases concerning same-sex marriage. Newt Gingrich, the former House speaker, and for Senator Rick Santorum of Pennsylvania want to abolish the United States Court of Appeals for the Ninth Circuit, calling it “a rogue court” that is “consistently radical.” snip...

Imagine the crushing judicial power of a modern nation coming down upon you, trying you, sentencing you, and then planning your execution – all while the charges against you remain secret. You might recall that as the plot of Franz Kafka’s paranoiac novel, The Trial, the protagonist of which is a 30-year-old bank clerk. Under the spell of Kafka’s masterful telling, the reader is left feeling almost as though the horror of the sentence pales in comparison to simply not knowing why. I revisited the haunted feeling of that novel over the past week or so as the case of...

(CNSNews.com) - A federal judge in Tampa, Fla., has refused to order the reinsertion of Terri Schiavo's feeding tube and he said key aspects of the family's case are "without merit." Terri's parents immediately appealed the ruling to the 11th Circuit Court of Appeals in Atlanta, but by all accounts, the outlook is grim for the brain-damaged woman at the center of the legal battle. (CNSNews.com) - Judge James D. Whittemore has engaged in a gross abuse of judicial power, the National Right to Life Committee said on Tuesday. "Giving not even the slightest deference to an Act of Congress,...

(2004-02-04) -- Starting May 18, single people in Massachusetts can be granted a marriage license allowing them to enjoy all of the legal and social benefits that come with the term "married," even though they remain alone. The ruling by the state's Supreme Judicial Court comes on the same day the court declared, by a 4-3 vote, that a new law granting monogamous homosexual couples identical rights to monogamous heterosexual couples must refer to the arrangement as "marriage" rather than a civil "union." The majority ruled that any wording which differentiates among people creates a "second class" of citizens who...