There really is no limit to the amount of power those in the federal government will acquire if not stopped. We not only have to deal with run-away presidents and congresses, but we must also deal with a run-away judiciary. Prior to really looking at the powers of the United States Supreme Court I always wondered why this court was hearing cases that clearly were not of a federal concern such as school prayer cases. Well, as life would have it, the Supreme Court, this bastion of nobility and omnipotent dispensers of justice will snatch for themselves all of the power they possibly can.
When the Bill of Rights was being put together, James Madison tried to put in an amendment that would prevent the states from interfering with the basic rights of individuals, but was rebuffed. A majority were opposed to the idea of the federal judiciary being involved in reviewing the decisions of the states in regards to state issues. After all, a tyrannical judiciary is just as lethal to freedom as a tyrannical executive or congress, besides, why fight a war for freedom just to relinquish it to the new federal government. Well, never fear the Supreme Court is here. Not having the authority to overrule state decisions was not an impediment, for they very simply contrived the authority via the Fourteenth Amendment by saying that the due process clause of this amendment gave the Supreme Court the authority to enforce the Bill of Rights onto the states.
The Fourteenth Amendment was put in place to do one thing, and that one thing was to ensure that all citizens were treated equally under the law. How do we know that this incorporation doctrine is nonsense? First, if the Fourteenth Amendment was meant to incorporate the Bill of Rights it would say so, it would be right there in the amendment. Maybe it’s there, but I guess one must first brush on a little lemon juice and the huff some warm breath on it and it will magically appear. Second, it would not have taken sixty years for the authority to be used. Third, it would apply to all of the amendments, not just the teacher’s pets. This incorporation nonsense is merely an interpretation which I prefer to call a contrivance in order to seize power that was never intended by the framers or ratifiers.
Lawyer types want the rest of us to think that we are too stupid to understand the Constitution because we don’t have years and years of training in constitutional law. The Constitution wasn’t written in hieroglyphics, Chinese or martian, it was written in English, and it doesn’t take a law degree to understand it. This contrived doctrine has been used by the Supreme Court to decide issues it has absolutely no authority to hear, and such rulings should be ignored. Court rulings not rooted in the Constitution are not constitutional and therefore are not the supreme law of the land. Government officials take an oath to uphold and defend the Constitution, not the last court ruling for if the reverse were true we would still have separate water fountains.