Wednesday, July 27, 2005

Wise Words

"A constitution is a compact of a people with their rulers; if the rulers break the compact, the people have a right and ought to remove them and do themselves justice; but in order to enable them to do this with the greater facility, those whom the people choose at stated periods, should have the power in the last resort to determine the sense of the compact; if they determine contrary to the understanding of the people, an appeal will lie to the people at the period when the rulers are to be elected, and they will have it in their power to remedy the evil; but when this power is lodged in the hands of men independent of the people, and of their representatives, and who are not, constitutionally, accountable for their opinions, no way is left to control them but with a high hand and an outstretched arm."

Does a current government branch come immediately to mind? These words were written back in 1788. The rest of the story:

The above warning about the lack of accountability of America's judiciary appeared in 1788, written by Robert Yates, a delegate to the Constitutional convention. Memorialized in what have become known as the "Anti-Federalist Papers," Yates argued that the structure and authority of the judiciary in the proposed Constitution created a dangerously unaccountable branch that would usurp power and ultimately grant itself more power than the legislative branch. History has proven Yates correct. These pages attempt to illuminate, educate and call to act all those whose love for our Founding Fathers' great experiment known as the U.S. Constitution has been sobered by a sense that something is amiss in our judiciary.

Yates was indeed correct. Jim refers to the Supreme Court sometimes as "Mount Olympus," and he's absolutely right. It has become the final word, the end-all; almost, in Nancy Pelosi's words, as if God has spoken.

I am of the opinion that work should begin on a Constitutional Amendment wherein veto power is given to the Congress regarding Supreme Court decisions. I am no lawyer, I'm not sure what the wording would have to be. However, the SCOTUS has become more powerful than the POTUS. I don't think that's what the Founders had in mind.