There are 3 reasons why the Courts at every level can and do legislate from the bench in defiance of the US Constitution and the Will of the People.
1) There is a deep misunderstanding on the function of the Courts. We see, hear, and even say it all the time. The Court’s job is to interpret the Law.
This is a fallacy. And interpret by definition allows the Courts to redefine anything within the statute to mean what they wish it to mean.
The Court’s true job is to apply the Law. This doesn’t allow for interpretations. The words are written and have specific meanings. It either applies to the case or it does not.
2) The Courts have from time to time granted themselves additional powers that our Founding Fathers saw not to grant to them in the Constitution.
This had lead to such powers like Judicial Review of legislation.
The powers of both the legislative and executive branches are constantly being usurped by these unelected, unaccountable black robed tyrants with every opinion they write.
3) We the People and our elected representatives in all legislative and executive positions have allowed the Courts to usurp powers granted to those branches of government or even to the States and People against the Constitution.
We continue to do nothing about it. Our elected representatives need to do their sworn duty and protect and defend the Constitution. Even if it means taking on the Courts.
Yes, their job is to interpret the laws written years ago and apply them to today’s society. But you have different people at the bench with different personalities and different beliefs, but these are people. People make mistakes, they are not God. I wish we had a better system. That really worked for us. But doubt that will ever happen. Just sayin.
That is incorrect. The Court is doesn’t interpret anything. Ever. Not Laws enacted years ago or last week. They apply what is written to the case before them. Nothing more. Nothing less.
When the Judges start interpreting the Law they allow their own opinions, world-view, personalities, and believes to enter the equation which is wicked and amoral. That is when they become black robed tyrants.
If they just applied the Law as written to the case they would be doing their job as mandated by the Constitution.
Agree! Apply, not interpret. Thank you!