Usurpation…Ah yes an intriguing word that seems as though it was used in pre-colonial and colonial America much more than it is today. Although whenever I hear the word “Usurp” I cannot help but recall the scene in National Treasure when Benjamin Gates (Nicolas Cage) begins reading from the Declaration of Independence:
Let’s examine usurp. Usurped, usurping, usurpation all are mostly verbs that mean, “to seize something without right” or to use something without the right to do so. Another example would be to take someone’s position without their knowledge.
Therefore, as I mention “The Judicial Usurpation of Politics” try and figure out what I mean. So if usurp means to seize something without right, and politics generally means to control the behavior of others, judicial of course meaning the court system; moreover, for the sake of this writing judicial will refer to the United States Supreme Court.
What we are discussing in our (lay) terms is the Supreme Court seizing something without rights, in order to control or monitor the behavior of us — We the People. How many times (see archive for previous articles) have you seen on this blog, “STOP! legislating from the bench.” This complexity usually happens to me when regardless of the law of the land — US Constitution — judges make policy that directly interferes with what right we used to have, and that according to some judge we no longer have that right even though it has been duly legislated by our nation’s Legislature.
Interestingly our institutions have the distinguishing characteristic that the three departments of government are coordinate and separate. Each must keep within the limits defined by the Constitution. And the courts best discharge their duty by executing the will of the of the law-making power, constitutionally expressed, leaving the results of legislation to be dealt with by the people through their representatives…Mr. Justice Harlan, former justice of USSC, dissenting in Plessy v. Ferguson.
In the following articles we will attempt to show a contemporary controversy about several important constitutional rulings by the Supreme Court (USSC). The rulings at issue will be from the modern period of American constitutional law; basically, the period since 1954, the year in which the court made its historic ruling in Brown v. Board of Education, striking down racially segregated public schooling.
Ah yes…we will be looking at how ObamaCare and several other rulings were made.