Mindset Change Needed To Avoid Judicial Tyranny

Below is my letter that was published today in the WSJ under the headline We'd Need Fewer Courts If Congress Would Do Its Job.

 

The letter highlights the mindset change needed to avoid judicial tyranny.  It shows how the elected branches have given up their turf over the years in favor of the courts deciding issues they have no business being in – but the elected branches are content thinking they have some cover to play the innocent party hoping the electorate never discovers their game of irresponsibility.

 

One reader of the WSJ looked me up on the internet & commented on RTE that I may be understating the current state of affairs when he wrote "The notion of judicial supremacy has become so engrained that instead of a Constitutional Republic, we now have a Judicial Oligarchy."

 

Dear Editor,

 

I was disappointed to read in your editorial "The National Security Tariff Ruse" (March 13) that "steel users should challenge this in court as the unlawful ruse it is."  More and more the elected branches look to the courts for resolution of matters best resolved by the court of public opinion – namely, elections.  I cringe every time I hear turning to the judicial branch for resolution of some problem best handled by the people – who are superior to any of the branches.

 

The Founders never envisioned that the two elected branches would allow the judicial power grab that has developed where a district court judge or a five-justice majority of the Supreme Court decide cases they have no business hearing.

 

The citizenry learns no good lesson if the courts, time after time, spare us from the problems that would ensue from our election decisions.  Please be careful not to promote ideas that will encourage or accelerate the court's ill-gotten power that is well on its way to becoming judicial tyranny.