THE IMPERIAL JUDICIARY
    by Patrick J. Buchanan


    In November 2003, Chief Justice Margaret Marshall, of the [Massaschusetts] State Judicial Court, gave the Masachussetts [state] legislature 6 months to enact a law granting homosexuals the right to marry.

    In July [2004] the U.S. Supreme Court had prepared the ground for [Chief State Justice] Marshall's decision, when it struck down the laws of seventeen states and declared homosexual sodomy to be a constitutionally protected right.

    Following that Lawrence decision, Justice Antonin Scalia fairly exploded:
    Quote:

    ...state laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity [are now] called into question...
    The court has largely signed onto the homosexual agenda...
    The court has taken sides in the culture war.



    Indeed, it had.

    Nevertheless, on May 17, 2004, [Massachusetts] Governor Mitt Romney bowed to the order of the court, and began handing out the marriage licenses, though he and the state legislature believed that nothing in the constitution of the commonwealth mandated gay marriages.

    Few better examples exist of how unelected judges have usurped the law-making power, and how unelected individuals have abdicated.



    When did this revolution begin?

    Sixty years to the day before Romney's surrender, May 17, 1954, the U.S. Supreme Court handed down its 9-0 decision, in Brown vs. the Board of Education.
    In the name of equal rights, the Warren Court had effected an historic coup d'etat. It had usurped power over state schools never granted to courts, either in federal law, or in the Constitution.

    That the 14th amendment did not outlaw segregation was obvious. That amendment was approved by a Congress that presided over the segregated schools of Washington D.C.
    But the Warren Court, fed up with the [lethargic slow pace of] the democratic process, decided to desegregate America -- by court order.

    The coup succeeded.

    Though Eisenhower was stunned by [the court's Brown vs. Board] decision, he and the Republican Congress accepted the court ruling as federal law, to be enforced by federal troops, as it would be at Central High School in Little Rock in 1957.
    And because we agreed with the goal --an end to segregation-- we accepted, without questioning the implications, the means adopted: judicial dictate.

    Having written its views of segregation into the Constitution and imposed its will on the nation, a confident Warren Court now began to impose a social, cultural and moral revolution on America.

    Under this secularist and egalitarian revolution, America's schools were as de-Christianized as the Soviet Union. Voluntary prayer and Bible readings were abolished. All replicas of the Ten Commandments were removed. Easter pageants and Christmas carols were forbidden. Teachers were ordered to stop wearing crosses and cricifixes to class.



    This remoreseless campaign to de-Christianize public life of the nation was only the beginning.
    In the half-century after Brown, the Supreme Court and its subordinate courts:
  • Declared pornography and dancing in beer halls to be constitutionally protected freedom of expression.
    .
  • Created new rights for criminals.
    .
  • Inposed broad new restrictions on state and local prosecutors.
    .
  • Outlawed the death penalty across America for a generation.
    .
  • Declared abortion a Constitutional right, and ruled that states cannot protect babies from a grisly procedure that involves stabbing the child in the head with scissors when halfway out of the womb. [a k a, partial-birth abortions]
    .
  • Order both houses of all state legislatures reapportioned on the basis of population alone.
    .
  • Ordered VMI and the Citadel to end their 150-year old all-male cadet corps traditions, and to stop saying grace before meals.
    .
  • Abolished term limits on members of Congress, enacted in popular referenda.
    .
  • Forbade Arizona to make English the official language for state business.
    .
  • Ordered California --60 percent of whose people had voted to end welfare to illegal aliens-- to restore welfare benefits to all illegals.
    .
  • Approved of discrimination against white students to advance the "compelling state interest" of "diversity" in colleges.
    .
  • Declared homosexual sodomy a constitutional right.
    .
  • Declared that the First Amendment protects the right of adults to burn the American flag --but prohibits school children from reciting the Pledge of Allegience to that flag.



    In each case, courts overthrew laws supported by majorities, to replace them with policies demanded by minorities.

    "The Judiciary, led by the Supreme Court, is in the vanguard of the elite imposing non-majority values and policies on the country", write legal scholars William Quirk and R. Randall Bridwell, in Judicial Dictatorship.
    "They are, as Jefferson said, the 'miners and sappers' of Democracy"

    Today, America meekly awaits the Supreme Court's judgement on whether all 50 states must legalize gay marriage. Were [King] George III to return to life, he would erupt with laughter at what a flock of sheep the descendents of the American rebels have become.

    No Congress, no president, could have survived the issuance of such radical dictates. Yet the Supreme Court has prospered to become the first branch of government. Why do we submit?

    "Here, sir, the people rule!" was the proud boast of 19th-century Americans.

    But the people no longer rule in America.
    Though our society is democratic, our government is not. Like ancient Israel, the republic has fallen under the rule of judges. How serious is our situation?

    Robert Bork answers:
    Quote:

    It is extremely serious... the court is steadily shrinking the area of self-government without any legitimate authority to do so, in the Constitution or elsewhere.
    In the process it is revising the moral and cultural life of the nation. The constitutional law it is producing might as well be written by the ACLU.



    How did it happen that a republic born of a rebellion against a king and parliament we did not elect has fallen under the tyranny of judges we did not elect? How did we come to live under what Jefferson warned us would be "the despotism of an oligarchy" ?



The latest gay rights rulings by the court are just yet another nail in the coffin of our democratic representative government.

These rulings are illegitimate without a House and Senate vote, or a national referendum.
Short of that, it's just tyranny of a elitist minority over the unrepresented majority.