No Longer a Federation of Republics
Thomas Allen
The United States are no longer a federation of republics. That federation and the original Constitution died with Lincoln’s War. Now the United States is (notice the change in the verb from the previous sentence) a judgeocracy with an imperial president and an impotent Congress.
John Marshall, Chief Justice of the US Supreme Court, laid the foundation for a judgeocracy. President Abraham Lincoln established the imperial presidency with his war to suppress Southern independence. Presidents Woodrow Wilson and Franklin Roosevelt carried the imperial presidency to completion.
By the middle of the twentieth century, the judicial coup d’etat had been completed. Chief Justice Earl Warren completed what Marshall had started. Now the United States are a judgeocracy with an imperial president.
Under judicial rule, federal judges under the supervision of the Supreme Court have usurped the legislative authority of the State legislatures. Federal courts have absolute control over the States even to the point of forcing State governments to levy taxes to spend on a judge’s predilection. Federal judges even intervene on purely political issues like drawing boundaries for legislative districts. The States have been reduced to little more than personal fiefdoms of federal judges.
Also, federal judges under the supervision of the Supreme Court have usurped the legislative authority of Congress. Judges, especially those on the Supreme Court, have usurped the power to rewrite laws that Congress has enacted to suit their preferences. If Congress enacts a law that they do not like, they veto it. If Congress fails to enact a law that the Supreme Court desires, it will enact such a law with a ruling on a related issue. Thus, the Supreme Court is an unaccountable legislative body.
Moreover, the Supreme Court has even usurped the authority to amend the Constitution — however, without changing the words of the Constitution. Why bother getting two-thirds of each house of Congress and three-fourths of the States to agree on an amendment when five judges can amend it with their rulings?
What does the Supreme Court use as a guide for amending, vetoing, and promulgating laws? It certainly is not the Constitution. Instead of the Constitution, the Justices of the Supreme Court use their personal biases and prejudices.
Thus, the Supreme Court has elevated itself above the Constitution. It has claimed the sole and final power to decide what the Constitution means, and it amends the Constitution with its rulings to conform with its whims. Whatever the Supreme Court rules is the supreme law of the land. Its rulings are superior to the Constitution. (The Supreme Court gives the Constitution only cursory and perfunctory notice.)
Federal judges no longer seem able to distinguish between the judicial function and the legislative function. Since Marshall, personal biases and personal preferences are much more of a guide in their ruling than is the Constitution and even the clear wording and intent of the law.
Similarly, the executive branch has usurped the legislative authority of Congress — often with Congress delegating its legislative power to the executive branch. Congress has created numerous regulatory agencies that have the authority to issues regulations that have the effect of law. Further, the President often issues executive orders that have the effect of law. Consequently, Congress enervates its vitality.
Thus, the United States became a judgeocracy with an imperial president, an impotent Congress, and emasculated States. The federation of republican States (nations) that the Constitution established died long ago never to be resurrected.
Copyright © 2022 by Thomas Coley Allen.
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