I considered writing an article about the recent supreme Court appointment.  I was even asked to write about what constitutional questions the Senate should ask the candidate, but I decided to wait and see what happened.  To be blunt, I found our recent foray into self-government disturbing beyond my ability to describe.  I would call the last few weeks in Washington a circus, but that would be a tremendous insult to P.T. Barnum!  From the senators to the president, from the pundits to the media, I can only describe what happened as the active destruction of our republic, the rule of law, and any consideration of rights and liberty.  In short, the entire process of judicial appointment has been dismantled and replaced with a show that would put Jerry Springer to shame.

Let’s start from the beginning on the role of the judicial branch in our republic:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

U.S. Constitution, Article III, Section 1

What is this judicial power vested in the courts?  According to dictionary.com, judicial power is that power pertaining to courts of law, to judges or the judiciary.  So what is the role of the court and the judge?

JUDGE, verb intransitive [Latin judico.]

1. To compare facts or ideas, and perceive their agreement or disagreement, and thus to distinguish truth from falsehood.

2. To form an opinion; to bring to issue the reasoning or deliberations of the mind.

3. To hear and determine, as in causes on trial; to pass sentence.

4. To discern; to distinguish; to consider accurately for the purpose of forming an opinion or conclusion.

Webster’s 1828 Dictionary

So the role of the federal courts, including the supreme Court, is to hear and compare the facts of the case, accurately discerning their meaning for the purpose of forming an opinion based on those facts.

Notice several things that are not included in this judicial power?  The power to interpret, approve, or create laws, the power to unilaterally overrule the will of the people as expressed by their representatives, or the power to establish public policy.  Yet listening to the questions asked of the nominee, almost all appeared to relate to how he would exercise the above power not granted to the courts.  This general lack of understanding, willful ignorance, and complete corruption of the judicial branch appears to be at the root of the turmoil displayed in Washington.

Mr. Kavanaugh repeatedly stated that he was bound to court precedent, which seemed to be extremely important to politician and media personality alike.  However, Mr. Kavanaugh, upon taking your position on the supreme Court, you swore an oath to preserve, protect, and defend the Constitution of the United States, not precedent.  This is just another example of how the general ignorance of the supreme law of the land has led to the corruption of our government.  So why would precedent be so important to the afore mentioned politicians and media personalities?  Because much of the public policy and “law” they have promoted has come not through the legislative process, but illegally through the judicial branch.

All legislative Powers herein granted shall be vested in a Congress of the United States

United States Constitution, Article 1, Section 1

It appears that many who have gotten their way through the corruption of the judicial system are loath to lose that power and will do anything to keep it.

This destruction of the rule of law was compounded by those in Congress, the media, and punditry, who demanded that someone be disqualified from serving based on the unverified, uncorroborated, and often contradictory testimony of one witness.  The repeated attempts to subvert the most basic tenets of due process, the presumption of innocence until proven guilty, the right to confront your accuser, and the concept of a fair and impartial review of the facts, shows that many in our federal government are little more than petty tyrants wielding their power to destroy not only anyone who opposes them, but their friends and families as well.  Should any one of the myriad of accusers, from the politicians and media to the protesters and rioters, have been treated the way they treated Mr. Kavanaugh, they would have been up in arms and flooded the courts with defamation, slander, and libel suits.  Had their families been treated the way they treated Mr. Kavanaugh’s, their protests would have been earth-shattering.  And rightfully so, for the treatment of Mr. Kavanaugh and his family was not fit for a two-year old throwing a temper tantrum, much less supposedly rational adults charged with running our government.

Most dangerous of all, it seems most of the American people are willing, even motivated, to stand around fiddling while our republic burns.  Where are the calls for Senators to abide by their oath to preserve, protect, and defend the Constitution or be removed from office?  Where are the reports of media outlets losing readers and viewers for their libelous and slanderous reporting?  Where are the Americans standing up to those who use intimidation and harassment under the false pretense of protest?  Instead, while our nation burns there are those throwing gasoline on the fire.  Where are the Americans to douse the flames?  Have we all lost our stomach to stand up to tyranny?  Have we all traded our liberties for the false promise of safety?

If America was formed to protect our rights, then I ask, are there any true Americans left?  If so, where are you?  Because it is your representatives and the senators you elected to represent you that have displayed such hostility to your most cherished rights.  Is that an accurate representation of you?  Is that how you wish to be seen?  If not, what are you doing about it?  Will you stand up for the rule of law over the tyranny of the loud?  Will you protect not only your rights, but the rights of your children and their children?  Or will you cower in fear and fiddle while America burns?

Author: Paul Engel

Paul Engel founded The Constitution Study in 2014 with the goal of helping everyday Americans read and understand their Constitution. Author, blogger, podcaster and speaker, Paul writes and podcasts at http://constitutionstudy.com. You can also find his books at http://amazon.com/author/paulengel

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