Americans Live Under Judicial Dictatorship

• U.S. Supreme Court a culture-destroying juggernaut in American history.

By Pat Buchanan

Do the states have the right to outlaw same-sex marriage? Not long ago that question would have been seen as absurd, for every state regarded homosexual acts as crimes.


Moreover, the laws prohibiting same-sex marriage had all been enacted democratically, by statewide referenda, like Proposition 8 in California, or by Congress or elected state legislatures.

But today rogue judges and justices, appointed for life, answerable to no one, instruct a once-democratic republic on what laws we may and may not enact. Recently, the Supreme Court refused to stop federal judges from overturning laws banning same-sex marriage. We are now told to expect the Supreme Court itself to discover in the Constitution a right of men to marry men and of women to marry women. How, in little more than half a century, did the American people fall under the rule of a judicial dictatorship where judges and justices twist phrases in the Constitution to impose their
alien ideology on this once-free people?

What brings the issue up is both the court decision on same-sex marriage, and the death of my friend, professor William J. Quirk, of the South Carolina University School of Law.

In the book Judicial Dictatorship, Quirk wrote of the revolution that had been imposed against the will of the majority and of how Congress and the people might rout that revolution.

The instrument of revolution is judicial review, the doctrine that makes the Supreme Court the final arbiter, the decider, of what the Constitution says, and cedes to the court limitless power to overturn laws enacted by the elective branches of government. Thomas Jefferson said that to cede such authority to the Supreme Court “would place us under the despotism of an oligarchy.” Was he not right?

Consider what has transpired in our lifetime.

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The Supreme Court has ordered the de-Christianization of all public institutions in what was a predominantly Christian country. Christian holy days, holidays, Bibles, books, prayers and invocations were all declared to be impermissible in public schools and the public square.

Secular humanism became, through Supreme Court edict, our established religion in the United States. And the American people took it.

Why was there not massive civil disobedience against this anti-Christian discrimination, as there was against segregation? Why did Congress, which has the power to abolish every federal district and appellate court and to restrict the jurisdiction of the Supreme Court, not act?

Each branch of government, wrote Jefferson, is “independent of the others and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its action.”

“No branch has the absolute or final power to control the others, especially an unelected judiciary,” added Quirk.

In 1954, the Supreme Court ordered the desegregation of all pubic schools. But when the court began to dictate the racial balance of public schools, and order the forced busing of children based on race across cities and county lines to bring it about, a rebellion arose.

Only when resistance became national and a violent reaction began did our black-robed radicals back down.

Yet the Supreme Court was not deterred in its resolve to remake America. In 1973, the court discovered through Roe v. Wade the right to an abortion in the Ninth Amendment. Then it found, also hidden in the Constitution, the right to engage in homosexuality. When Congress enacted the Defense of Marriage Act (DOMA), Quirk urged it to utilize Article III, Section 2 of the Constitution, and write in a provision stripping the Supreme Court of any right to review the act.

Congress declined, and the court, predictably, dumped over DOMA. Republican presidents have also sought to curb the Supreme Court’s aggressions through the appointment process, and largely failed.

Of four justices elevated by Nixon, three voted for Roe v. Wade. Ford’s nominee John Paul Stevens turned left. Two of Reagan’s, Sandra Day O’Connor and Anthony Kennedy, went wobbly. Bush I’s David Souter was soon caucusing with the liberals. Today, there are four constitutionalists on the Court. If the GOP loses the White House in 2016, then the court is gone, perhaps forever.

Yet the deeper problem lies in congressional cowardice in refusing to use its constitutional power to rein in the court. Ultimately, the failure is one of conservatism itself.

Indeed, with neoconservatives in the van, the GOP hierarchy is today in headlong retreat on same-sex marriage. Its performance calls to mind the insight of that unreconstructed Confederate chaplain to Stonewall Jackson, Robert Lewis Dabney, on the failure of conservatives to halt the march of the egalitarians:

“American conservatism is merely the shadow that follows radicalism as it moves forward toward perdition. It remains behind it, but never retard it, and always advances near its leader. . . . Its impotency is not hard, indeed, to explain. It is worthless because it is the conservatism of expediency only, and not of sturdy principle. It intends to risk nothing serious, for the sake of the truth, and has no idea of being guilty of the folly of martyrdom.”


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Patrick J. Buchanan is a writer, political commentator and presidential candidate. He is the author of the new book The Greatest Comeback: How Richard Nixon Rose From Defeat to Create the New Majority.

12 Comments on Americans Live Under Judicial Dictatorship

  1. There should be no such thing as a ‘marriage license,’ inasmuch as the right to get married is protected under the Ninth Amendment to the U.S. Constitution.

    Such a license is, therefore, and therefor, nought but a license to exercise a right, and a direct affront to the Ninth Amendment.

    Regardless of what we may think otherwise regarding the decisions of others, unless, and until those ‘others’ cause real and measurable harm to our lives, liberty, and/or property, then we have no recourse but to just mind our own business.

    Finally—you’ll like this—when was the last time a cop, or three, showed up at a family’s abode, and demanded that they present a license proving that they were lawfully married?

    In other words, where are the marriage police?

  2. “Gay” is an improper term of the sodomites. It is a term used as a lie by the these poor depraved human beings. There go I by the grace of Jesus Christ.

    Look at the divine punishments for their crimes against nature. IMHO the only way to deal with the sodomites is to send them to a secluded island, fly in food water purification etc., but they need to be secluded from humanity until they wake up from their crimes against nature.

    It is absolutely IMPOSSIBLE to live a happy life while in that depraved state of same sex sodomy. So you are telling yourself more lies heaped upon more lies if you are in that state of being.

    Any government who does not punish these crimes against nature are under Divine judgement from the Creator.

  3. When every American files in the Supreme Court the paperwork to demand their Impeachment, then the change is going to happen, as the change should.

    When Americans can’t file paperwork in the Court, there is an Apartheid. The Apartheid began when the Federal Credit was given to the Haves. The Haves are those such as the Koch Brothers and the Bush Family, “Doro” (Dorothy Bush) is married to Grandson Koch who owns the winery business in the State of California.

    We do not educate the majority of Americans, that continue to be made into very ignorant begin-again (“immigrants” like we all have in our being here except for the Indians), and the task is insurmountable. The mold is very well made, into almost unbreakable.

    The Zionists took over and made America a vassal state and that was when the Jews were decided to be not wanting to be enslaved via that religion. The brand Jew is really a slave to the Zionist Globalist One World Agenda, enslavement for all the ‘others.’ Can’t trust the free from religious Metzitzah B’peh (“Split the Hood”), Apartheid in the Head.

    Right got that Israel wasn’t the rapture, got the R of reading O.K. Now Right “Republican” has to get the MATHS into proper perspective. Federal Credit is in the U.S. Constitution and that is the primary tap root the Supreme Court can’t ignore, when the people don’t.

  4. What kind of site is this? Commenters declaiming blatant anti-Semitism? And it’s not even a White Supremacist site?

    Blaming those “activist judges” who, in fact, come from every possible stripe, from Reagan right-wing Conservatives to Obama Liberals.

    What did they all have in common? They read and understand the 14th Amendment to the U. S. Constitution which says that no, states may NOT pass laws that discriminate against their citizens and residents without proving a compelling state interest to do so.

    In court after court, states, attorneys general, religious organizations and virtual army of lawyers have tried to present that “compelling state interest” and failed abysmally. That’s because the defense of the bans is NOT rational. They’re based on religious beliefs and animus (hatred for LGBT people), neither of which are accepted as valid under the Constitution.

    You, hour hate, your religious bigotry have just lost. Voters voted for laws that violated the U. S. Constitution, and they are now being overturned.

    What, would you allow states to reinstate slavery without intervention by the Federal courts, outlaw women voting, or just pass a law to kill any person who doesn’t agree with their religion, like the Spanish Inquisition?

    If you don’t, you should be supporting the justices who ruled against the same-sex marriage bans.

    Or are you just too much of a pathetic sore loser and blame everyone else in sight for not supporting your desire to discriminate?

    If so, shame on you.

  5. Federal judges are appointed for life. The reason for this was to prevent their being held politically accountable — that is, to keep new administrations from playing “musical judgeships.”

    The result is that judges are completely unaccountable, except for being impeached, due to criminal conduct.

    What if terms could be limited in such a way that judges couldn’t be dismissed at the whim of an administration and could still be held accountable?

    For instance, terms could be set for nine years, with terms staggered in such a way that only one-third of judges could be changed at one time.

    This would, of course, require a constitutional amendment, which means that it isn’t likely to happen.

  6. Even worse, the SCOTUS handed democracy over to corporations and the 1% in the Citizens United case. The fix is in.

  7. The authors whine about judges disagreeing with their pet peeves but do not consider the fact that there are gay people in the U.S. who are just seeking to lead happy lives with their families, in their workplaces, and in their churches. Pat Buchanan, who has broken most of his churches own covenants, continues to be quoted and read.

  8. Although the Constitution was set up so that judges could be independent of the other two branches, the Founding Fathers did not foresee how the office would be subverted by alien enemies who were placed into power as judges specifically to subvert the will of the People and to destroy the Nation.

    Here in California is another good example of how judges override the Will of the People. When the People go to all the trouble, work and expense to pass ballot initiatives and create laws to protect our people and our state from illegal aliens or from homosexual perverts or from a variety of other social ills, individual judges—acting alone without any other supporting legislation or legal actions, with no other power than their own individual position as judge—destroy what the People created and overturn our democratically-voted laws with their own opinions based on nothing other then the power of their office and their un-American and un-democratic despotism.

    One reason that hemp has been made illegal by the treasonous judges and the cowardly politicians is because it makes such excellent rope.

  9. “But today rogue judges and justices, appointed for life, answerable to no one…”

    With respect, that’s exactly the way the Constitution set up the third branch of government, and for good reason: so they could remain independent from the other two branches.

    It is disheartening that Mr. Buchanan takes issue with the very form of government and checks and balances which were designed to prevent tyranny of the majority from trampling on the rights of unpopular minorities or positions.

    It is even worse that he appears not to want judges to rule in favor of plaintiffs when he doesn’t like the results.

  10. Christians are cowards, liars, idolaters, warmongers, and the worshipers of the State of Israel, instead of worshiping Jesus Christ.

    According to the U.S. Census Bureau, 173 million or 85% of the U.S. population identify themselves as Christian living among 34,169 Atheist, 1,985 Agnostic, 90 Humanist, and 30,427 claiming to have no religion affiliation. However, Christians in America are as useless as zeros on the left.

    Fake Christian, you will be gripped with shock and unbelief on the day of judgment when you hear the voice of Jesus Christ say to you “Not everyone who says to me, ‘Lord, Lord,’ will enter the kingdom of heaven, but only he who does the will of my Father who is in heaven. Many will say to me on that day, ‘Lord, Lord, did we not prophesy in your name, and in your name drive out demons and perform many miracles?’ Then I will tell them plainly, ‘I never knew you. Away from me, you evildoers!'”

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