When the American Colonies broke away from England it was to escape a tyrannical king and to establish a country where people had inalienable rights, not whatever rights some ruler decided he might or might not bestow upon them.
When all was said an done, our Founding Fathers were victorious in battle over Britain, and formed the United States of America, a country that held the belief that “all men are created equal,” that all had “inalienable rights” and among those rights were “life, liberty and the pursuit of happiness.”
They created the Articles of Confederation, the Declaration of Independence, the United States Constitution and its accompanying Bill of Rights, the most significant documents ever written for the governance of a free people.
And, yes, we know, our Founding Fathers were not infallible. But, for their time, they were quite remarkable in their vision and plans. To be able to create a document, the U.S. Constitution, that is as relevant today as it was back in the late 1700’s is quite incredible.
As Judge Jeanine Pirro states, “The U.S. Constitution, the Bill of Rights and other amendments, are invaluable because they define our freedoms and separate Americans from those in other countries where they are subjects and not drivers of the government.”
However, there are those who proclaim that the Constitution is outdated. They are really trying to transform our Constitutional Republic into something different – and whether that be a pure democracy or a socialist state does not matter. Only a Constitutional Republic allows the freedom and liberty that is enjoyed in these United States.
One mistake the Framers did make was allowing life terms for members of the Supreme Court and not more clearly defining their role.
Thomas Jefferson saw that error in 1823, when he wrote, “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; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.”
And Jefferson has been proven that he was right – time and time again. For instance, the SCOTUS decisions not allowing prayer in school are glaring examples of their decisions sapping the foundation of the Constitution. The fact that the Supreme Court upheld ObamaCare as constitutional is another example. They based their opinion that most Americans must obtain insurance or pay a penalty as being authorized by Congress’s power to levy taxes. How idiotic is that? Nowhere in the Constitution is Congress granted the power to force a citizen to buy anything.
The latter is an example that lawyer, author and radio personality Mark Levin wrote about when he stated, “To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists.”
Think about it. Public policy is now set. SCOTUS, ruling as it did on Obamacare, opened the door to allow OUR government to force American citizens to buy something ELSE that they may or may not want or need, and, if they do not buy it, they may face being taxed.
More from Levin, “What the Founding Fathers created in the Constitution is the most magnificent government on the face of the Earth, and the reason is this: because it was intended to preserve the American society and the American spirit, not to transform it or destroy it.”
However, preserving American rights is becoming harder and harder, especially when SCOTUS becomes a public policy board instead of doing what they are supposed to do; keep the Constitution intact and ensure that new laws do not violate it.
As Judge Pirro correctly points out, “The Supreme Court is the one and only protector of the Constitution.”
However, that only occurs if they do their job as intended.
If they do, our rights are preserved.
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Scott D. Welch is a senior consultant to IC Liberty Films LLC, the distribution and marketing company of the historic Educational Dramatic Comedy movie In Search of Liberty. In the family-friendly movie, a captivating statesman from America’s past takes a modern-day family on a series of wild adventures. With a spicy mix of humor, magic and logic, he opens their eyes to the origins and importance of the U.S. Constitution, the degree to which it is under attack today and what can and must be done to save it.