Ezra 7:25 instructs leaders to appoint judges who would uphold God’s law. The judicial branch of our government has done the most harm to American society because they are perceived as the final arbiters of any legislation or law. There are five fallacies about the United States judicial branch. First, all three branches of government are equal. Alexander Hamilton writes in Federalist Paper 78 that the judicial branch is designed to be the weakest branch of government because they have no legislative powers nor any power to enforce their rulings. Second, the judicial branch is independent to act. In fact, no branch of the United States government is independent to act as they wish because they are all accountable to the most sovereign entity in our nation “We the people”. Third, justices have lifetime appointments. Article III, Section 1 of the Constitution reads “The Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior.” Notice this language is much different than how Article II, Section 4 of the Constitution which provides for the impeachment of other civil officers who can be removed for “Treason, bribery, or other high crimes and misdemeanors.” Judges can be impeached for bad behavior and that may include actions that are not a crime such as drunkenness. Judges with a history of circumventing the Constitution by using bias, opinion, social data, statistics, current affairs, and inventing balancing tests are in contempt of the law and should be impeached. Fourth, the Supreme Court has the final say about the Constitutionality of legislation. If this were true, then the Court would be more powerful than the legislative and executive branches. Judicial review (Marbury v. Madison) did not intend for judges to become policy makers but to provide legal advice within the narrow scope of the Constitution’s 4,500 words. Fifth, the Supreme Court has the power or jurisdiction to enforce its rulings. Enforcement is the duty of the executive branch.
Fallacies about the Judicial Branch
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