Last week we covered how the reversing of what our Constitution said about the relationship between church and state led to increased stifling of our religious liberty. This led to the erosion of morality and integrity, as well as our other liberties and the Constitution’s authority itself. Using the courts to do this was a main strategy of the enemies of liberty. They have accomplished this to a great degree and are now close to being able to almost completely nullify the power of our Constitution.

 

Judges are human; we cannot expect them to be perfect. An assault on America’s religious liberty may not have been the intent of the judges issuing the judgments that led to this, but it was the effect. That’s why the Founders in the Constitution gave Congress, not the judicial branch, the authority to keep the government moored to the Constitution. When Congress allowed their authority in this to be usurped by the judicial, everything the Founders foresaw as the greatest threat to our Republic—judicial tyranny—came upon us.

 

As shocking as this thought may be to most Americans, the judicial branch was not given the authority to determine what was constitutional or unconstitutional, and for a very good reason. Federal Judges, and even Supreme Court Justices, are not elected and therefore do not answer to the people for their decisions. This authority was given to the Congress because it was believed that in Congress, free and open debate would be required for congressional action. Therefore, Congress would be more likely to come to the right interpretation of the Constitution, the supreme law of the land. This was more likely than putting such weighty decisions in the hands of a single judge, or even small groups of them such as the Supreme Court.

 

We really need to get this: the Supreme Court does not have the authority to interpret any law as being constitutional or unconstitutional unless this is asked of them by Congress. It was asked of them early in our history on an issue Congress considered itself too busy to research and address at the time, and the Supreme Court has assumed this authority since. That this was allowed has proven catastrophic by leading to increasing judicial tyranny. It has also led to the increasing and unnecessarily vicious conflicts among the people over issues that were designated as authority reserved to the states and the people, and for a good reason. No small body of unelected judges or justices were to be allowed to impose their will, or their interpretation of major issues, on the whole country.

 

You can have the best form of government and still have bad government if you do not have good people in it. Our Republic has not failed, but we have failed the Republic. The present growing crisis could have been avoided if we had honored our national fathers by heeding their warnings, especially about the threat of judicial tyranny. Because judges are now so politicized, making decisions based more on political prejudices or expediency rather than the merits of each case or its adherence to the Constitution, increasingly desperate political maneuvering now dominates the judicial branch. For there to be true justice, no politics should be allowed in the judicial, and we have drifted far from that now.

 

A strong, just, independent judiciary is necessary for true justice. This can only be recovered and maintained by strong, just, independent judges who are committed to staying in their lane as established by the Constitution. For any judge to legislate from the bench, or make law, is unconstitutional. Congress alone was given the authority to make laws, not the judiciary or executive branches.

 

Weak, inept leadership in Congress has allowed its authority to be usurped by both the judicial and executive branches. Every time this is allowed and goes uncontested by Congress the Constitution’s authority as the supreme law of the land is weakened, and we continue spiraling down toward a terrible chaos. Later we will address specific examples of when and how this happened and the damage it has done, but there is another culprit in this we must address first—the church.

 

Again, whenever we see major destructive strongholds growing in our land we need to look at the church first because what we release or bind in heaven gets released, or bound, on the earth. Or, our salt has lost its ability to preserve and our light has not been shining. Next week we will examine the connection between the failure of church leadership and the release of judicial tyranny in our land.