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["Melody O." <melody AT crecon.com>]

I had this one queued and ready to send before my email stopped working
propery.  Here it is, a bit later than I meant it to be.


Read the article in full at:
http://www.sobran.com/columns/2005/050630.shtml

"The U.S. Supreme Court has lately reminded us, in its decisions about
government seizures of private property and about displays of the Ten
Commandments, that it wields enormous powers that (1) are not found in the
U.S. Constitution, and (2) may be abused with impunity. It’s high time we
reopened the old controversy about judicial review." 

<snip>

"The pseudonymous “Brutus,” arguing against ratification of the
Constitution, saw the danger of the judiciary very precisely and
presciently: the justices’ power would be “altogether unprecedented in a
free country. They are to be rendered totally independent, both of the
people and the legislature, both with respect to their offices and
salaries. No errors they may commit can be corrected by any power above
them, if any such power there be, nor can they be removed from office for
making ever so many erroneous adjudications.” 

Brutus further warned that the Federal judiciary might overpower state
courts and legislatures. And he saw nothing to prevent the Supreme Court
from expanding its own power. 

All Brutus’s dire prophecies have been fulfilled. Yet his arguments have
never been refuted. Today we are paying the price for ignoring them. 

The Court is out of control, and the only solution conservatives can think
of is to appoint more conservatives, who will use their power with
restraint. But that power itself is the problem. Giving it to “better”
justices won’t solve it. "