We are either a representative republic or we are ruled by a judicial oligarchy. It’s time to choose once and for all.
Once again, we mark another grim anniversary of the Roe v. Wade decision, which paved the road for over 58 million abortions since 1973. This year, in particular, marks a poignant milestone in the fight for the unborn, as the agenda of the abortionist movement has been exposed as one that, far from limiting the practice to being “safe and rare,” champions butchery in the mold of the ancient Moloch. The entire panoply of perverted liberal intellectualism on other issues stems from the moral decadence rooted in the death cult of abortion.
However, aside from the 58 million souls that were deemed unfit for protection in the few dozen pages of that court opinion, our constitutional republic and entire system of governance became threatened as well. From that point onward, the courts have been legitimized as the final arbiter of the most important political and societal questions of a given generation, the very decisions that were supposed to be left to the people’s representatives. It was from that decision that the courts not only became the supreme authority of the land, but completely countermanded the Constitution as was originally written and intended: to be used as a guide for acting as the supreme authority. As William Brennan used to tell his law clerks, “With five votes you can do anything around here.”
From Roe onward, the courts have been able to concoct “fundamental rights” that are not only omitted from the Constitution, they are antithetical to our founding values. At the same time, they infringe upon our unalienable rights or green light the other branches of government to do so. Thus, our Constitution was ruled unconstitutional.
It was through the Roe decision (among other Warren-era decisions) that the 14thAmendment, which was intended to do nothing more than guarantee freed black citizens the life, liberty, and property rights of every other citizen, was perverted into a mandate for “rights” that would have shocked the consciousness of the Reconstruction-era Congress.
At the time of the adoption of the 14th Amendment in 1868, 36 states and territories had laws on the books banning abortions. Yet, we are told that the Constitution, and even the 14th Amendment as originally conceived, is unconstitutional and preempted by the evolving interpretation of the 14th Amendment, which is rooted in nothing but the political imagination of the judges. And unlike politicians who must stand for reelection, these judges now get to engage in political issues, serve as the final authority, and never stand before the people for reelection.
That we tolerated this coup d’etat for even one year is astounding, yet we’ve sat passively for over 40 years watching the courts build precedent upon precedent of anti-constitutional legal fog to destroy our Constitution even further. It represents a colossal failure of the professional “conservative movement.” It has led to the pro-live issue being used as ceremonial window dressing to elect more Republicans whose modus operandi has saddled us with the judicial tyranny we have today.
For quite some time, a number of legal theorists on the right figured that we’d benefit from a strong judiciary at least when we needed them to strike down liberal laws passed by Congress or state legislatures when they are legitimately unconstitutional. Yet, as witnessed by Obamacare, state gun laws, and many of Obama’s immigration acts, these strong judges are nowhere to be found.
The core job of the judiciary is to interpret the statutes passed by Congress, yet they refused to hear a case against Obama’s DACA, which flagrantly violates immigration statues. Just yesterday they refused to hear a case against Obama’s lawless EPA carbon emissions rule, which violates executive authority under the Clean Air Act. And while judicial review of laws passed by legislatures is controversial, if we are going to abide by an all-powerful judiciary that invalidates state marriage laws dealing with the building blocks of civilization, how could they not toss out state gun laws violating the plain language of the Constitution.
The answer, of course, is that the Constitution the courts use is the Democratic Party playbook or the pagan gospel of the legal profession that has roped in a number of Republican judges as well. As such, property rights, gun rights, and religious liberty are stripped out of the Constitution and abortion, gay marriage, affirmative action, and immigration are inserted in.
There is no greater threat to our democratic republic than the court system as it is currently and illegally constituted. Part of my upcoming book will be dedicated to the imperative of stripping the courts down to size and how that can be accomplished. There are endless reasons why this is among the most important priorities of our time. But for now, on this 43rd anniversary of Roe v. Wade, let’s remember there are also 58 million other reasons to reclaim our system of governance from the courts.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.