Posts Tagged ‘judicial activism’

Rogue Rulings & Timid Leaders: Why Our Leaders Are Failing Us

June 26th, 2015 1 comment

The ruling by SCOTUS on same sex “marriage” represents a flagrant abuse of power and a frontal assault on the institution of marriage and God Himself, the One who created and instituted this holy union. Americans, as a whole, should be outraged by this rogue, reckless and arrogant act of judicial excess.

But let me tell you another select group of leaders who should be livid – our legislators!


Because the Supreme Court continues to flagrantly step out of bounds, moving from their constitutionally prescribed role of interpreting the law, into an unauthorized role of making the law. This is an assault on the legislative branch and our members of Congress should be tossing penalty flags into the air in protest! As Justice Scalia rightly asserts, the Court’s action is a “threat to American democracy.”

But instead of crying “Foul!,” our leaders continue to roll over while the wheels of tyranny pick up steam. Consider the follow two responses from two our most powerful leaders in Indiana.

Governor Mike Pence:

After affirming his personal belief that marriage should be between a man and a woman, Pence says,

“Nevertheless, our Administration will continue to uphold the rule of law and abide by the ruling of the Court in this case. Under our system of government, our citizens are free to disagree with decisions of the Supreme Court, but we are not free to disobey them.”

And here’s a segment from Senator Dan Coates response:

It is my long-held opinion that this deeply personal issue – which divides many families and friends – should be decided by the voters in each state. Now that the Supreme Court has imposed its own definition of marriage, we must ensure that religious freedom is protected across America.

The response is basically the same. The damage has been done. Now let’s obey the law like good citizens and do our best to protect religious liberty. After all, our job is to obey whatever the Supreme Court tells us.

Let me get to the point – these responses are PATHETIC! Where are the STATESMEN?

Let me give you three reasons why we don’t listen to or obey the Supreme Court’s ruling:

1] It is an act of Constitutional overreach. The Constitution nowhere demands the right of same sex marriage.

2] It is an act of judicial activism where five unelected officials chose to impose their political ideals on the rest of America by judicial fiat.

3] It is an act of open rebellion against God’s law mandating the acceptance of a lifestyle He clearly condemns.

So what should be done?

Previous generations understood the doctrine of the lesser magistrate. First penned by John Knox, this doctrine asserts that when a higher-ranking civil authority makes an unjust or immoral law, policy or court opinion, the lower ranking civil authority has the God-mandated right and duty to disobey the higher authority. And if necessary, the lower authority may actively resist the superior authority.

Some see this form of resistance as a form of lawless chaos. But it’s not the resistance that is responsible for the chaos, but rather the lawless acts of the higher authority.

To place this into the contemporary context, it was SCOTUS that introduced the chaos by their unauthorized introduction of same sex marriage into American life. This horrible ruling has unleashed a flood of chaos into every realm of society. Our job is to resist the chaos by disobeying the ruling. When the higher power commands that which God forbids, men have the duty to obey God rather than man.

Unfortunately, for this to happen, the lesser magistrate must demonstrate a willingness to risk personal security for the sake of righteousness and justice. And that type of courage is hard to find in today’s political climate.

Abraham Lincoln & Judicial Activism

September 14th, 2009 No comments

We are living in a time of growing judicial activism, where an unelected minority of black robed activists impose their leftist agenda on the electorate. In state after state, the will of the people is overturned by an “enlightened” Court who believe they know better than the citizens they are appointed to serve. How do we stop this madness? What can we do to hold the judiciary accountable?

I like the approach taken by one of our greatest American presidents, Abraham Lincoln. Lincoln watched as the Supreme Court in his day ruled that the Missouri Compromise, which banished slavery in some states, was unconstitutional. The Court ruled that Congress lacked the authority to forbid and abolish slavery in federal territories. This ruling meant that a slave named Dred Scott had to be returned to his owner and to his horrible life as a slave.

Here we have an example of an unjust law. We also have an example of  the Court thrusting itself into a divisive and morally charged issue, as it did in 1973 when it ruled on Roe v. Wade. So what was Lincoln’s response to this horrid ruling?

When Lincoln became president, he simply ignored the Court’s decision! He viewed the Dred Scott decision with moral outrage. As Colson comments, “Not only because the Court came down on the wrong side, but because the Court claimed authority to decide for other branches of government once and for all what the Constitution required.” What effectively happened was that the Court placed the Executive and Legislative branches of government in a position of inferiority and subservience. This is something our Founders specifically avoided and rejected.

Lincoln understood our system of checks and balances. Our Legislative branch is responsible for enacting law; not the Courts. Since the Courts over-stepped their legitimate sphere of authority, their ruling was without merit. Instead of obeying a morally bankrupt and illegitimate ruling, Lincoln’s administration treated free blacks as citizens, issuing them passports and other documents. He openly defied the “law” and signed legislation restricting slavery in the western territories. In short, he put the courts in their place!

How we need some legislators with the conviction and courage of Abraham Lincoln in our day! Where are the leaders who are willing to tell the Courts, “Sorry, the people have spoken. We choose to disregard your ruling. Thanks for your opinion, but the people have determined otherwise.”

Imagine  where we would be as a nation if Abraham Lincoln was president during the infamous and illegitimate Roe v. Wade ruling. Fifty million babies can only imagine.