They may be called by other things
But what they really are…they’re kings
(from the Song, American Kings, by R.P.Edwards)
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. From Federalist Paper #78, Alexander Hamilton
“Another letter from Mr. Jefferson,” said the courier, a middle-aged, uniformed, somewhat hobbled veteran due to the conflict a decade past, as he delivered yet another message from the current ambassador to France.
“Thank you,” said Alexander Hamilton as he reached and grabbed reflexively, barely taking his eyes from the parchment where he was writing, ironically, Federalist paper #78.
As the attendant could be heard shuffling down the main hallway the statesman opened the correspondence and scanned the eloquent words sent by the author of the Nation’s birth certificate. After a minute of study the paper was placed to the side and, as he continued his needful essay he muttered a response to the very distant Jefferson. “A wayward judiciary? Too powerful? Potential tyrants? Ridiculous. It would be impossible, old friend. Impossible. The people would not stand for it.”
“Irreversible,” that was the word I heard this October eve from a Fox commentator as to the inevitability of “gay marriage,” due to the “action” and “inaction” of the judiciary. The will of the people be damned. And, from past observation I know this individual (who I rather like) is sympathetic to the cause; being one of the “if two people truly love each other,” crowd.
However, as I’ve said before (more than once I suppose), the “institution” is far more than an emotional linkage; it finds its roots in “Thus saith the Lord,” and, as such, to tamper with the definition is to, once again, call our great benefactor…a liar. And that, dear reader, is to invite disaster.
But, aside from the muddying of the “sacred institution” the underlying tragedy is, once again, that the Judiciary has taken on powers that (if Mr Hamilton’s writings mean anything) the founders could not have imagined. Heaven only knows what it will take to reverse this trend.