The federal judiciary has had a chip on its shoulder ever since Alexander Hamilton described it as the “weakest of the three departments of power.” From Marbury v. Madison and McCulloch v. Maryland through to its present day progeny, federal judges consistently misinterpret the Constitution and misinterpret the powers assigned to them therein. In fact, for decades the district courts, courts of appeal, and the Supreme Court have gone out of their way to show that they can obliterate the Constitution just as powerfully as their sister branches.
The U.S. Federal Communications Commission took a big step forward toward legislating government regulation of the Internet Tuesday with a bureaucratic vote in favor of so-called “net neutrality” rules, despite the past rejection of such measures by Congress and the courts, not to mention the prohibition on government meddling in speech and the press listed in the First Amendment to the Constitution.
As we approach the Christmas holiday, Christians in Oklahoma are celebrating a rare victory in the battle for religious freedom. The Blaze reports, “The Federal Reserve has reversed its decision that originally forced a small Oklahoma bank to remove from its premises and website Bible verses, crosses, and Christmas buttons.”
The passage of President Obama’s signature, and unconstitutional, health care law prompted a number of reactions at the state level. Some states are considering the prospect of nullification to overturn the law at the state level. Others have turned to the courts in order to restore the individual and state liberties that have been violated by the law. Another group, however, is considering something far more extreme: a constitutional amendment that would provide states with the power to overturn any act of Congress.
Republican Representative Michelle Bachmann of Minnesota announced in July that she would be forming a Tea Party Caucus. With the creation of the constitutional conservative caucus, Bachmann also indicated that she would implement a program that teaches the Constitution to those elected to office. This week, Bachmann revealed that Supreme Court Associate Justice Antonin Scalia will lead the first of the constitutional seminars for members of Congress in late January.