The Problem with Judicial Review

The Obama regime & his socialist followers are hoping that Obamacare will stand while opponents of Obamacare hope to have it struck down.

However, Article III of the US Constitution does not delegate the judiciary the power of "Judicial Review". The founders intended for the states & people to check the federal government. The federal judiciary was NEVER meant to have original jurisdiction over laws congress enacted.

Judicial review was invented in the 1803 Madury v. Madison decision rendered by the US Supreme Court. The Supreme Court does not make laws. That belongs to the legislative branch. What's so ironic is that after the US Supreme Court in 1995 struck down a ban on guns near school grounds on grounds it was beyond the powers of the Commerce Clause, Congress simply ignored that ruling & re-enected the very same ban with exceptions. In 2005, the US Supreme Court re-affirmed the dreadful 1942 Wickard v. Filburn decision ruling that the Commerce Clause is the power of the federal government to regulate ANYTHING that EFFECTS interstate commerce. Problem is that nearly EVERYTHING effects interstate commerce. However, that hasn't stopped states like California from nullifying part of federal drug laws. California makes medicinal marijuana legal with a prescription. Raids on these facilities have been common. Other states have followed suit in legalizing medicinal marijuana.

The reason some people go to the courts is because the executive branch makes nullification ineffective & people seek redress in federal courts because they feel it would provide better relief. However, the EXACT opposite happens. Having the federal government check its own power leaves us open to federal tyranny.

What the founders intended was if you were being harmed by the federal government & that the federal government's actions were unconsitutional and/or unlawful, you could seek Habeas Corpus in state court. In 1859, the US Supreme Court ruled that state courts cannot grant habeas corpus to federal detainees, misinterpreting the Supremacy Clause. The Supremacy Clause states that any law pursuant to the US Constitution is legal. The Supremacy Clause does NOT make nullification of UNCONSTITUTIONAL laws & UNLAWFUL actions unconsitutional.

Imagine if the group of the accused could solely decide his own fate. Unless he had a conscience, then he would acquitt himself of the charges of abusing power. The federal government is doing the same thing through it's corrupt & broken judicial system. Well sure we have three branches of government, but they're all part of the federal government.

The America today believes that the states are subordinates of the federal government. Infamous decisions such as Dred Scott v. Stanford(1857) & Roe v. Wade(1973) have scarred America & created legislative policy. Power cannot be delegated by those who do not possess that power themselves & well the people & the states had no power to subjegate the sovereignty of others. However, sovereignty has been perverted & stabbed where sovereignty lies only in the highest ranking government(Federal Government).

The States & People are the final arbitrators of federal power.