A friend recently stated “SCOTUS is the final arbitrator [sic] of whether it is correct or not. The checks and balances ends there.”
He was wrong. Here’s my reply:
You’re usually right on target, so I’m really surprised you missed this one by a mile.
So, if you would, please tell me again what what We the People should do, “whenever any Form of Government becomes destructive of these ends?” “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them.”
Is it not “the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness?”
Our Founding Fathers considered this universal truth to be so supremely important that they had it preserved for all time in the minds and hearts of all Americans. They keep these words in our Nationals Archives. They had them reproduced in the American History books available to every American who ever attended public school, as well as the vast majority who attended private school, as well.
This has nothing to do with overthrowing the government. It has everything to do with preserving our government by reminding those who currently inhabit the seats created by our Constitution that they were elected to serve our government — “of the people, by the people, for the people” — at the pleasure of the people.
We the People are the final arbiter of whether the decisions made by the Supreme Court are correct or not. We always have been, in every nation, and long before our own Declaration of Independence was more than a single thought in someone’s mind.
The Declaration of Independence itself says precisely why this is so: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
No one is putting our government “on notice.” They put themselves on notice the moment they raised their right hand and took the same oath of office alongside every military, civil, and law-enforcement officer in our land: “I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
If they don’t believe they put themselves on notice, they weren’t paying attention. That’s the entire purpose of the oath of office.
Our Republic is a nation of laws, but preserving our nation requires people of honor and integrity occupying positions of public trust. All the laws in the world are rendered worthless when those in government refuse to follow them, or worse, attempt to replace just laws with ones that are unjust. When that happens, we edge closer to the same pit in which our Founding Fathers found themselves shortly before they declared our nation’s independence.
But not quite. We the People have another course of action we should always use first, and use often, one protected by our First Amendment: “to petition the Government for a redress of grievances.” Even in this simple exercise of requesting Congress to pass or block legislation, and to approve or deny appointments to the U.S. Supreme Court, We the People are rights as the ultimate arbiters.
We the People are the final arbiters in our own governmental affairs. Not the Supreme Court. Not the President. Not Congress.