Dr. Veltmeyer in the News

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Column: SCOTUS and the rebirth of self-government

May 16, 2022 | News

My column, “SCOTUS and the Rebirth of Self-Government,” recently appeared in the Lassen County Times. Here’s an excerpt:

The uproar over Justice Samuel Alito’s leaked decision overturning the infamous and constitutionally-indefensible Roe v. Wade decision of 1973 could presage a decisive turning point in Americans’ long struggle to restore its historic status as a self-governing people.

Of course, the woke Left recoils in horror at the mere possibility that the Supreme Court could finally pull the thread that unravels the entire crazy quilt of judicial supremacy that has governed the United States since at least the time of the Warren Court in the 1950s. For 70 years, the Left has relied on the profoundly anti-democratic system of the federal courts to impose its socialist and nihilist agenda upon the American people. The Left has used the courts as a super-legislature to remake America in its own image, defying the will of the voters and their elected representatives in Congress and the state legislatures.

Such a development is diametrically opposed to the vision of the framers of the Constitution who established the system of checks and balances and the three branches of government with distinct roles and powers intended to prevent any single branch from becoming excessively powerful and trampling the rights of the people. The framers certainly envisioned the legislative branch as the most important branch of government, as it was the closest and most accountable to the public, especially the House of Representatives, the so-called “People’s House” with its brief two-year terms. They viewed the executive branch as the second most-powerful branch and would be appalled at the rise of the “Imperial Presidency” where presidents enact law by executive order and engage in endless wars abroad without a declaration of war from Congress. And they saw the judicial branch as the weakest branch of the national government, largely because its judges were appointed and not elected and served life terms. Jefferson, Madison, and Adams would see the rise of judge-made law as a blatant and grotesque violation of the United States Constitution. Even the idea that the Supreme Court could review and nullify acts of Congress (as established in Marbury v. Madison) was strenuously denounced by Jefferson as something that would make the judiciary a “despotic branch.”

Thomas Jefferson’s views on the role of the federal judiciary were clear-cut and unambiguous. As the Father of the Declaration of Independence and most devoted champion of liberty among the Founders, his words are worth revisiting: “Certainly there is not a word in the Constitution which has given that power to them more than to the executive or legislative branches. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the legislature and executive also in their spheres, would make the judiciary a despotic branch. 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. This member of the government was at first considered as the most harmless and helpless of all its organs. But it has proved that the power of declaring what the law is, ad libitum, by sapping and mining slyly and without alarm the foundations of the Constitution, can do what open force would not dare to attempt.”

 

About Me

I am a family physician and past Congressional candidate in San Diego, CA. I am on a mission to find smart, common sense solutions to many of our most challenging problems as a society.

I am a proud legal immigrant to the United States, arriving here when I was just eleven years old.

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