So…What of the Supreme Court?

law_courtThe “crisis” being spoken of now is who will the next Supreme Court Justice(s) be?

Regardless of what party nominates the justices – this problem with the judiciary declaring evil to be good and good to be evil will not be remedied, adjudicated, or fixed in the courts. It is unfortunate, but I feel Americans have a great deal of evidence to believe the courts are the traffickers of injustice and immorality in this nation.  For example:

  • Millions of Americans have been murdered in the womb.
  • Marriage been assaulted by the perversion of homosexuality.
  • Students have been harassed and coerced into learning without prayer, singing without Christ, and extra curricular activities with no Bible.
  • Once penalized by government for an unlawful action, now Americans are being fined for the inaction of not having government-approved healthcare.
  • Gun Ownership has been marginalized and in many instances eliminated!

How do we end such an epidemic trend? The Bible queries, “If the foundations be destroyed, what can the righteous do?”

To start, Christians, constitutionalists, and “so-called” conservatives need to recognize there is no federal government solution to our nation’s malady.  Rather, our solution is found in restoring our Biblical, American View of government found in the Declaration of Independence: there is a God; our rights come from Him; and that civil government, as His servant (and ours) is limited to protecting our rights.

For the purpose of securing our rights, the Constitution grants lawmaking power ONLY to Congress and NOT to the courts; not even the Supreme Court.

You see, the very first sentence of the Constitution says, “All legislative power herein granted is vested in a Congress…”

Woodrow Wilcox


So, if all federal lawmaking power is in Congress, then how much is left over for the courts?

The answer, of course, is zero.



Under our Constitution, courts render opinions in cases and controversies that come before them; they do not make laws.

To better understand the role of American Courts, I leave you with this analogy.

You are attending the championship game before the Super Bowl at the home field of your favorite team.  At half-time, your team is up 50-0!  You are preparing yourself for a definite victory.  Meanwhile, as you are getting concessions, the referees are in a deep conversation.  They feel that the home team decimating the visitors so badly is sending the wrong signal from your team, the fans, and the state you live in.  So, in the name of evolutionary progress and fairness, they make a progressive move.  Before the second half starts, the referees make an announcement that they have changed the rules for the game.  Your team now gets two downs to move the ball 10 yards for a first down and the visiting team gets 7 downs to do the same. The outrage and probable violence that would ensue next would be unprecedented.  Why?  The answer is obvious; Americans love their sports and know the rules.  Referees cannot make the rules! They are hired to apply the rules already made to the unique game they officiate.

In the same way, the courts do not make Law; they discover and apply the relevant law to the facts of each unique case. In addition, their decision in a particular case applies ONLY to that case. It is not a forced broad brush law that applies to all of America. With no enforcement powers the Court must await the Executive to enforce their opinion.

All three branches of the federal government, if they abide by the Constitution, would guarantee and secure true liberty for Americans. That is what we want from all you who have just been elected.

Learn more about your Constitution with Jake MacAulay and the Institute on the Constitution and receive your free gift.

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Jake MacAulay serves as the Chief Operating Officer of the Institute on the Constitution (IOTC), an educational outreach that presents the founders’ “American View” of law and government. The former co-host of the syndicated talk show, The Sons of Liberty, he is an ordained minister and has spoken to audiences nation-wide, and has established the American Club, a constitutional study group in public and private schools.
Jake MacAulay
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