Does U.S. government serve us, or are we chattel? The ‘relationship between prince and servitor’ is at stake! “The proof of the pudding is in the eating.” The “pudding” at issue here is: Does the power of government flow from the people as Jefferson said, or is the public at large its target? Do judges rule in good faith in representation of the will of the people; or do they ignore the public trust and their oaths of office and just, rule the people? Who is in charge?
Here's the rub: If the separation of powers worked to safeguard Liberty as promised, the judiciary could never decide what the law IS; but they do... Saying what a law IS, is legislating, not adjudication. Truly; servant judges never dictate to a Sovereign People!
“legislate” = (v) to decide what the law is
“adjudicate” = (v) to make a judicial finding
“judicial” = (adj) appropriate for servant judges
One true function of the judicial magistracy is to act as check and balance against unconstitutional laws; that is, to determine a statute IS NOT law whenever such legislation conflicts with the constitutions. No statute at all is always better than color of law.
US government is a quasi-judicial oligarchy, not a republic; for if the sovereignty were “of the people by the people and for the people” -We the People- would say what our laws are via Our Congress, and no judge would have the temerity to send a jury of his “sovereigns” out of the room because there was something going on they shouldn’t know about, nor dare dictate to his kings by legislating. Hey: judges are spoz’ta be our servants, not our masters!
Courts of Chancery can always fashion remedies for injustices on an individual basis; but unconstitutional statutes traverse and defeat all checks and balances and for that are outlawed by our constitutions.
As a rogue judiciary is antithetical to constitutional government, so too: “Patriotism is supporting your country all the time, and the government when it deserves it.” - Mark Twain
Food for thought, chew on it in Peace.
Sanity Clause RE http://sanityclause.com/