America Under Siege series from the Capital Research Center (parts being added as available)

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The Judiciary--It's the problem, and it can be solved if we get the stones to do it

The problem we face in America today is constitutional.  Though unintended, the Constitution--and the jurisprudence that has since developed--has made the Judiciary the overlords of our country.  This must be changed by extreme action of the President and Congress, while the Republicans still hold power in both branches.

Thomas Jefferson offers the basis in our founding for this action: 

The Constitution... meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.
To Abigail Adams, 1804 

In denying the right [the Supreme Court usurps] of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow... The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.
To Spencer Roane, 1819


And that is exactly what has happened. It is not that the Constitution was INTENTIONALLY written to create the result. It was a mistake of the Framers. Here is what he said later about the usual controls on the judges--i.e., impeachment:

Having found from experience that impeachment is an impracticable thing, a mere scarecrow, they [the Judiciary] consider themselves secure for life.
To Thomas Ritchie, 1820

In the General Government in this instance, we have gone even beyond the English caution, by requiring a vote of two-thirds, in one of the Houses, for removing a Judge; a vote so impossible, where any defence is made, before men of ordinary prejudices and passions, that our Judges are effectually independent of the nation. But this ought not to be.
Autobiography, 1821

Experience has proved that impeachment in our [constitutional] forms is completely inefficient.
To Edward Livingston, 1825, 3855

POSSIBLE ACTIONS:

• 1. My "Death Star Option" (beyond "Nuclear Option"): Abolish all lower courts, pack SCOTUS with hacks (or reduce it to a smaller number of justices scared out of their wits), and dictate changes. (Only reasonable under Republican control.)
• 2. Jefferson's "Convention of States" approach per Article 5. (Again, only reasonable under Republican control.)
• 3. The Second Amendment.
• 4. Replace the Constitution per the thought expressed at the beginning with a new governing document to eliminate the structural flaws we've discovered over the past 240 years. (Current Republican control helps, but is not absolutely essential.)

All of these, including number 3, hold the chance of being used by the Left.  The honest truth is, unless something drastic is done, the Left will eventually win anyhow.  These options--especially 1, 3, and 4--give patriots and the Right a chance to save the country.  And if done right, quite frankly, any of these efforts can cause the Left's efforts to subvert our country and destroy our nation to be structurally halted for generations (at least!).

Something more is needed, as our current constitutional system by virtue of Common Law and stare decisis lends itself to judicial overreach. This will always favor the Left, as liberal judges will always strive to push their agenda, while conservative judges are just that--"conservative"--will be inclined to follow the precedents left by the liberals.  One side in the tug-of-war pulls to win.  The other side makes conscious decision to simply hold where things are (that is, where liberals have moved things), only rarely trying to gain ground.

In closing, please note this final point from Jefferson (from above).  Remember it, and know that without action to stop and reverse that judicial overreach, which he even then foresaw, his assessment below will indeed be true:

[I]f I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide].

OFF TOPIC: FUNNY! Comedy Mill - Oh Bobby

I remember this from being aired on then-Nashville Network's "VideoCountry" & Shotgun Red's "Country Clips." I'm proud to be the one who shared the memories of this song and got the fellow to post it!

FUNNY! But you gotta listen carefully.