Time to Rescue the Rule of Law from a Judicial Aristocracy


The framers of the Constitution of the United States were not fond of unjust monarchs nor aristocracies which showed no regard for the people. They fled the abuse of power in the hands of an unjust monarch and formulated a system of governance to protect against the concentration of power in the hands of a privileged few. We have a prohibition against titles of nobility embodied in the U.S. Constitution for good reason. It attests to the seriousness with which they approached governance.

Most historical references to the dangers the framers intended to alleviate involved the possible abuses of the authority of the Executive and legislative branches. However, a new aristocracy has emerged, an imperial judiciary unchecked in its power to restructure the social order by manufacturing new “rights” while they disregard the very Rule of Law they purport to be defending.

The Rule of Law

The expression “Rule of Law” holds a special place in our public discourse, as well as in the opinions of some of these judges. However, the term has become so malleable it has lost its certitude. We claim that the American polity is a “government of law and not of men” – but what does the phrase mean? Who decides what the Law is? Does the law exist beyond the people who make, interpret or enforce it?

The Declaration of Independence was the Birth Certificate of our Nation. It boldly proclaimed: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights – that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men.”

The principles the Declaration communicates have informed our history as a free people and inspired our neighbors in other parts of the world to stand up against all forms of tyranny. Our forebears were not declaring their independence from Divine Providence. Rather, they were trusting in the primacy of the Governance of God over their own lives and their noble undertaking at building a new Nation.
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