Remarks of Hon. John Hostettler
CPAC
Jan. 22, 2004
I. Introduction
It is an honor to share the stage with two renowned experts on marriage.
II. A Quiet Revolution
The topic of discussion for this panel asks the question, “Who appointed Judges God?”
As you know, for the past 50 years our Federal judiciary has engaged in a quiet revolution.
Rejecting a century and a half of American jurisprudence, the courts have progressively worked to establish a new form of government where they are completely independent – free from checks and balances and unaccountable to the people.
With growing boldness, judges are chipping away at our constitutional republic constructed on a three-tiered system of government that is ultimately accountable to its citizens.
Along the way, the courts opined that children may not pray in public schools.
The courts decided that states may not protect their preborn citizens.
The courts judged that the display of the Ten Commandments on the courthouse lawn and the mention of God in the Pledge of Allegiance violates a letter that Thomas Jefferson wrote to a group of Baptists in Danbury, Connecticut and thereby must be prohibited.
By increasing their sphere of influence and assuming duties limited to the legislative branch, the courts have effectively established an oligarchy, a form of government where a handful of people wield the power.
That’s not just my view.
Thomas Jefferson, in 1820, said that judges “have the same passions for party, for power, for privilege of their corps,” as anyone else and he added that their power is made “more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control.” He further stated “To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
He rightly observed that, “The Constitution erected no such tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots.”
As students of history, political science and human nature – and from first-hand experience with Great Britain – our Founders understood the corruptive influence of power.
Enjoy!!!!
Hog
