The Final Arbiter: A very important Page. Read it to understand why our government is seriously out of Constitutional order. “You seem…to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy." Thomas Jefferson “Author of the Declaration of Independence,” Third President of the United States. And so it has, Mr. Jefferson. So it has.
The Final Arbiter
Ask anyone who has an opinion on it, “Who has the final word on Constitutional questions?” and you are sure to hear “The Supreme Court of the United States.” They are dead wrong; and in this serious error lies the perversion of the balance of powers that is destroying our federal government as a Constitutional, free, self-governing republic, and enabling a handful of judicial despots to rule the country according to their own social and political agendas.
“You seem…to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy." Thomas Jefferson “Author of the Declaration of Independence,” Third President of the United States.
“This makes the Judiciary dept. paramount in fact to the Legislature, which was never intended, and can never be proper.” James Madison “Chief architect of the Constitution,” Fourth President of the United States.
Then clearly something is seriously improper with the prevailing mindset in the country today.
“A constitution of government is addressed to the common sense of the people, and never was designed for trials of logical skill, or visionary speculation.” Joseph Story, Justice, U.S. Supreme Court, 1833
This accurately describes most of the present occupiers of our federal courts. Social revisionists, they are glaringly disqualified to issue the final word on Constitutional questions.
“The people alone are the absolute owners and uncontrollable movers of such sovereignty as human beings can claim to exercise; subject to the eternal and unchangeable rules of justice, truth, and good Faith.” G. M. Dallas, Vice President of the United States, 1847
Therefore, the elected representatives of the people, in Congress assembled, are the final word on Constitutional questions.
“In republican government, the legislative authority necessarily predominates.” James Madison, " Chief Architect of the Constitution" in Federalist Paper No. 51
Because they are the only elected national representatives of the people. Also, Congress alone of the three branches of federal government has the power to remove the president, federal judges, and its own members from office. This alone makes Congress the predominate branch.
“In the first place, there is not a syllable in the plan under consideration (the U. S. Constitution) which directly empowers the national courts to construe the laws according to the spirit of the Constitution.” Alexander Hamilton, “Ratifier of the Constitution” in Federalist paper No. 81
The majority of presently sitting federal judges have hijacked the Constitution to themselves, and are guilty of high-handed judicial despotism - lording it over the expressed will of the people, their Church, their state legislatures, and their national representatives, in Congress assembled, all in favor of a handful of Atheists.
These impostors seriously need to be disrobed as soon as the people can be awakened and elect members to Congress who are committed to restoring American government to a true representative republic.
The Congress: Most urgently and instantly needed is an act of Congress restoring the Constitutional separation of powers between the three branches of our federal government. The reason for this act is that the three branches of our federal government are seriously out of Constitutional order and a grave threat to our Creator-endowed liberties.
The purpose of this act is to bring to a screeching halt federal judges’ “legislating from the bench” and enforcing their orders as the supposed “supreme Law of the Land,” and an end to an imperial President ruling by Presidential Proclamation.
In short that there might be "government of the People, by the People, for the People" through their elected representative in Congress assembled - no more government by judicial decree or presidential proclamation.
The new Congress has the duty and the Constitutional authority to take primary control of the federal government out of the hands of the President and the Supreme Court and they must do so, if America is to survive. (Congress is the only elected national representatives of We the People, and the People are the real government of these United States.) Therefore, Congress must be committed to override Presidential vetoes and impeach federal judges who oppose this move. They have the duty and the Constitutional authority to do so.
Why must this be done? See the “Judges” page on this website. This could be done quickly and easily by an Act of Congress – no Constitutional Amendment necessary. Roughly, the Act might read as follows:
The Separation of Powers Act
ARTICLE I: This Act shall be entitled “The Separation of Powers Act.”
ARTICLE II: Applicability: This Act shall apply only to certain Amendments to the Constitution of the United States: namely Articles I, II, III, IV, V, VI, VII, VIII, IX, X, and XIV, commonly known as “The Bill of Rights” or “Civil Rights Amendments.”
Article III. The Congress: Whereas the Constitution of the United States is Statutory Law enacted by the People of the United States of America, through their representatives, in Congress assembled; and whereas federal legislative power is vested in the Congress of the United States alone, Congress alone shall have the power to enact the supreme Law of the Land pursuant to the Constitution of the United States.
Article IV. The Executive and The Federal Judiciary: The President shall never exercise the legislative or judicial powers or either of them. The federal judiciary shall never exercise the legislative and executive powers, or either of them. Therefore (1) Congress shall review all applicable Presidential proclamations and federal judicial orders issued prior to this Act and by Act of Congress either rescind same or enact same into law and submit same to the President for signature and enforcement; and (2) all applicable Presidential proclamations and federal judicial orders issued after the enactment of this law, shall be submitted to Congress for review, nullification, or enactment into law by Act of Congress and submitted to the President for signature and enforcement.
Should the Supreme Court by majority opinion declare any Act of Congress to be Unconstitutional, the Court shall present its opinion Congress. Congress shall thoroughly review the law and either rescind the law or let it stand as written, in which case the law as written shall remain the law of the land, and be so enforced. Or, should Congress by majority vote elect to revise and reenact the law, Congress shall do so and submit same to the President for signature and enforcement. The President shall in no wise enforce any judicial opinion that has not been so reviewed and made the law of the land by Act of Congress.
Article V. The President: All enforcement power of federal law shall be vested in the President of the United States. No federal law, whether it be originally enacted by Congress, or originated in federal judiciary opinion, reviewed by Congress, and made the law of the land by Act of Congress, shall be enforceable until the Congress shall submit same to the President for signature and enforcement. The President is Constitutionally enjoined to “take care that the Laws be faithfully executed.”
Article VI: All Presidential Proclamations shall be presented to Congress for approval by majority vote before enactment.
Article VII: Congress shall be the final arbiters of all Constitutional questions, enumerated in Article II of this act.
Article VIII: Nothing in this Act shall be construed to alter the Constitutional power of judicial review and opinion; the veto power of the President; The power of Congress to override a Presidential veto; the impeachment power of the Congress; or the Constitutional procedure for Constitutional Amendment.
If the present Congress does not see the urgent need and enact this law with all deliberate speed, we urgently need a new Congress!
Any Congress “worth its salt” will be ready and determined to impeach and remove from office any President who will not sign this Act of Congress and all federal judges who challenge it!
Why the Founding Fathers separated the powers of the Federal Government into three branches:
“The reasons on which Montesquieu grounds his maxim are a further demonstration of his meaning. ‘When the legislative and executive powers are united in the same person or body,’ says he, ‘there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to execute them in a tyrannical manner.’ Again: ‘Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with all the violence of an oppressor.’” Some of these reasons are more fully explained in other passages; but briefly stated as they are here, they sufficiently establish the meaning which we have put on this celebrated maxim of this celebrated author.”
Alexander Hamilton, “The Ratifier of the Constitution.” quoting Montesquieu in Federalist Paper No. 47.
Montesquieu was the chief mentor of the Founding Fathers in government and liberty.
The principle of separation of powers, vital to our liberties, is seriously violated today in our federal government. We are already living under the tyranny of a judicial oligarchy, a tribunal unrestrained by our elected representatives. Congress has allowed this tribunal to confiscate to itself legislative, judicial, and enforcement powers. Nothing could be more certain death for “government of the people, by the people, for the people.”
The Constitutional powers of the federal courts:
The U. S. Constitution, ARTICLE III.
Section 1. The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens, or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.