The Odious Fiction Destroying America

    A false belief that almost all Americans hold to in our day is the idea that the U.S. Supreme Court is the final arbiter of what is constitutional or unconstitutional. The adherents of this belief -- and there is a sea of lawyers in this country who have a vested interest in furthering this odious fiction  -- actually have the hubris to point to the Constitution itself and say that the Constitution declares the judiciary to be the final arbiter.

   They proffer Article 6, paragraph 2 of the U.S. Constitution -- the ‘supremacy clause’ -- for their notion of judicial supremacy. But when you read Article 6, paragraph 2, you realize that the Supreme Court isn’t even mentioned, nor are federal courts of any kind mentioned. Article 6, paragraph 2, known as the “supremacy clause” actually gives supremacy to the Constitution!

   Wholly opposite of this view of ‘judicial supremacy’ was the view held by America’s founders. They viewed the judiciary as being the weakest branch of the government.

   In a letter penned in 1823, Thomas Jefferson stated: “At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous.”

   Alexander Hamilton who w ...