On This 4 th … The Constitution in Peril

As the United States of America prepares to celebrate the 248^th anniversary of that daring time when brave patriots made the decision to oppose the strongest power in the world in order to ensure freedom and independence for a new nation, we also appear to be facing the real danger of tearing apart the very Constitution that Declaration signing made possible.

Our nation’s leaders in the 18^th century made the foundation of the Supreme Court Article III of the Constitution. That Act established a judiciary system new to the world, and one that identifies “the judicial Power of the United States, SHALL be vested in one supreme Court….” together with inferior Courts as the Congress may from time to time ordain and establish.”

The Constitution established the Supreme Court and gave the legislative office, Congress, permission to decide how to organize it. Hence, the Judiciary Act of 1789 created a Supreme Court with six justices.

Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from a low of five to a high of 10, but shortly after the Civil War, the number was established at nine where it remains.

Members of the Supreme Court are appointed by the President, confirmed by the Senate, hold office for life, and remain apolitical in their actions. Congress also dictated that salaries of justices could not be decreased during their term of office as a means of ensuring their independence as a judiciary that remains clear of all political branches of government.

More importantly, Article III, Section II of the Constitution guarantees it is the Court that can hear any case that involves a point of constitutional and/or federal law. The court can make the decision to hear, or not hear, a case.

But the most well-known power of these one of three branches of government in a republic is the Court’s right to declare a Legislative or Executive act in violation of the Constitution, the right established by the Marbury v. Madison decision in 1803.

The Supreme Court plays an all-important role in our constitutional system of government. This is the court of last resort. This is the branch of government that ensures each of the other two branches, executive and legislative, realizes its own limits of power.

This week, the Supreme Court handed down its decision on Presidential privileges. That decision makes it the Law of the Land. Already, there is talk of those who look for ways to ‘get around’ what they now know the Supreme Court says.

Perhaps they will.

This is America, this is a republic, they have the right to go back to court with new arguments and new evidence.

But, for the President of the United States, the only person in that one Executive Branch of the three branches of government, to say the Supreme Court is wrong, is in error, or should not be involved, is shameful and embarrassing on any day.

In the week when the United States of America is celebrating, with grateful memories, those men and women who suffered so much so that, 248 years later we can still have God-given rights they protected so fiercely, an Executive Branch of government challenging the Supreme Court branch of government is an insult to Thomas Jefferson, John Adams, Benjamin Franklin and all other brave signers of the Declaration of Independence who created our United States.

Constitution