America’s Reign Of Judges Has Left Us With An Unrecognizable Constitution
Judges who can find no support in law for the outcome they want resort to their own personal sense of morality to achieve their desired result.
We're all familiar with that narrative. Our wise founding fathers established a very limited judicial branch which has subsequently gotten totally out of control, due to the unprincipled Left:
According to the parchment, judges are supposed to rule on individual cases and — in extraordinary circumstances — may invalidate laws that clearly flout the plain text and meaning of the Constitution. This is not what our judges actually do. They profess themselves loyal to the Constitution, in part as a diversionary tactic but also in part out of genuine sincerity. The problem with their sincerity is that their loyalty is not to the actual Constitution but to a rival constitution of the left’s own devising. That constitution is not written in the same manner as the formal Constitution, but neither is it completely unwritten. Its tenets are explained in various books and journal articles, in certain laws, and in administrative rules.
Clearly there's plenty of truth in that summary, at least as a sort of phenomenological description of where we find ourselves. What I'd like to suggest here is that this is not so much a perversion of the constitutional regime as it was originally intended, but rather the logical result of that constitutional regime--as originally intended. In other words, our current crisis with the Judicial Branch is a fairly logical extension of what the founders had in mind. If you don't like what you see, then maybe you should consider whether our constitutional order is flawed.
