In their efforts to quell suspicion of government and the new constitution finalized by the Constitutional Convention in 1787, John Jay, James Madison, and Alexander Hamilton wrote what we now know as the Federalist Papers. These 85 documents, originally written to the people of the State of New York but eventually circulating across all thirteen states, focused on the needs of the new nation, and explained the newly created and experimental form of government to the people. Mankind had never experienced a Constitutional Republic anywhere in the world and most colonists were leery of any form of central government due to their dreadful experience with King George III. They gained their freedom from England through years of horrible war and were not ready to relinquish their newfound liberty to another tyrant.
In Federalist 78, Alexander Hamilton walked through the genius plan of a federal government with separation of powers to counterbalance the risk of unprincipled and evil men taking the reins of power. He explained the new model of Legislative, Executive and Judicial branches of government showing the intention of each the ability to offset each other through checks and balances written into Articles I, II, and III. For the purposes of this article, we will focus on Hamilton’s words concerning the judicial branch. He wrote:
“Whoever attentively considers the different departments of power must perceive, that in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them. The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It proves incontestably that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean, so long as the judiciary remains truly distinct from both the legislative and executive. For I agree that “there is no liberty, if the power of judging be not separated from the legislative and executive powers.” And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments…”1
It is clear, our Forefathers never intended for our Constitutional Republic to have three equal branches of government. In effect, we have a Legislative branch with the most power because it is closest to the people and the Judiciary with the least power and under the behest of the Legislative and Executive branches. However, the last sentence in Hamilton’s quote above (in bold) presents a problem for us in 2023 (actually this has been a problem for several years).
Moving forward from 1787 to 2023, we juxtapose Steven McCann’s article copied below published by American Thinker August 31, 2023, against Hamilton’s words in Federalist 78. McCann provides a real life example for us showing how the current judiciary is in fact in “union” with one of the other “departments” of government, namely, the Executive branch. The title of McCann’s article is Trump: Victim of a Radically Transformed Federal Judiciary.
The judicial persecution of Donald Trump has exposed the blatant political bias that animates many Federal District Court judges. Packing the Federal Judiciary at all levels with left-wing judges is the cornerstone of the Marxist Democrat Party strategy to permanently transform America. If they win the presidency in 2024, they will have succeeded in packing the Federal Judiciary by the end of the term on January 20, 2029.
This process began in earnest with Barack Obama. He came into office determined to fill the judiciary with left-wing judges, and he succeeded, as virtually every one of his appointments has revealed their bias and leftist ideology while serving on the various courts. Joe Biden has followed in Obama’s footsteps by nominating equally if not more ideologically bound left-wing judges.
The following federal judges are not animated by upholding the law or the Constitution but instead are motivated by political considerations and their allegiance to statist ideology.
- District Judge Beryl Howell (Obama appointee) coordinated with the Department of Justice to deny Trump his constitutional rights and indict him on specious criminal charges pertaining to document retention and January 6th, 2021. She deliberately, knowingly and egregiously violated his due process rights.
- District Judge Tanya Chutkin, (Obama appointee) who is overseeing the trial of Donald Trump in Washington D.C., has unapologetically made numerous incendiary comments about Trump nor has she hidden her bias and willingness to work with the Justice Department in delaying trials and sentencing January 6th protesters to extraordinary long and unjustified jail terms. She is now, at the behest of the Biden Justice Department, accelerating the trial date for Trump in order to torpedo his candidacy and ability to win the general election.
- District Judge Beth Lapson Freeman (Obama appointee) claimed that an ordinance passed by the San Jose, California city council mandating all gun owners in the city be required to purchase liability insurance did not violate the 2nd Amendment, thus placing an impediment to gun ownership in clear violation of the language of the 2nd Amendment which states: “… the right of the people to keep and bear arms, shall not be infringed.”
- District Judge Jon Tigar (Obama appointee) ruled that U.S. immigration authorities cannot deny asylum to migrants regardless of how they arrive at the U.S.-Mexico border nor can they be forced to wait in Mexico, thereby eviscerating any viable immigration enforcement at the Southern border.
- District Court Judge Deborah Boardman, (Biden appointee) recently ruled that parents do not have the right to opt their children out of mandatory LGBTQ+ lessons or classes in public schools in a gross violation of their First Amendment rights.
There are 667 District Court judges throughout the United States. Obama and Biden (to date) have appointed 371 with 63 vacancies that Biden will, with a Democrat-controlled Senate, fill before the end of his term. Thus, between Obama and Biden they will have appointed 434 judges or nearly two thirds of all District Court seats.
The only check on the District Court judges are the Circuit Courts of Appeal and ultimately the Supreme Court. However, the appeals process is lengthy and oftentimes drawn out. For example, if Trump were to be found guilty of any of the innumerable charges against him, he would almost certainly win an appeal, but by the time the appeal is heard or ruled on the 2024 election would be far in the rear-view mirror.
Currently among Circuit Court of Appeals judges nearly, half have been appointed by Republicans as have six of the nine Supreme Court justices, which is why the Circuit Courts, and the Supreme Court are currently the last bastion of constitutional governance and liberty as well as the primary target of the American Marxists.
Based on historical averages, if Biden or any Democrat wins the 2024 election he or she will appoint upwards of 170 District Court judges and nearly 35+ Circuit Court of Appeals judges by 2028. Resulting in as many as 595 District Court judges, or 89% of the bench, and 126 Circuit Court of Appeals judges, or 70% of the bench, being appointed by a Marxist- controlled White House since 2008 — thus transforming the entire Federal Judiciary into a de facto enforcement arm of the Democrat Party.
Additionally, the two oldest and most conservative Supreme Court justices, Clarence Thomas and Sam Alito, will be 80 and 78 years old respectively by 2028, thus opening up the distinct possibility of the Democrats appointing their replacements, thus swinging the Court to the radical Left and abetting the implementation of the American Marxist political and societal agenda.
The prospect of a grossly compromised judicial system is the death knell for this or any civilized nation, as injustice will be directed at virtually anyone who opposes the policies of a one-party socialist state or who dares to contest any manipulated election the party in power wins. When there is no fair and equitable justice system, the inescapable outcome is violence and national disintegration.
This nation is perilously close to that inevitability. If the judiciary is captive to the Marxists, there is no turning back.2
In our current political situation in America, we are witnessing a charade of justice taking place as the DOJ continues its indictment campaign against former President Trump supported and encouraged directly by the Office of President. At a November 9, 2022 press conference, following the mid-term elections, Biden commented:
“We just have to demonstrate that he will not take power if he does run, making sure he — under legitimate efforts of our Constitution — does not become the next president again,”3
With these words, Joe Biden gave unconstitutional permission to the DOJ to seek ways, through the courts, to stop a political opponent from taking office. Do not be thrown off by — under legitimate efforts of our Constitution — because those words are a sham. They are more of the left’s twisting of truth because their interpretation of how the Constitution works is much different from how our founders intended. Moreover, as we see in McCann’s article, this process began with Obama. Biden is simply accelerating the dismantling of American justice.
This shameful joint effort between the Judiciary and the Executive branches incarnates Hamilton’s warning,
“And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments…”
The colloquial expression best suited for this unholy alliance is, “they are in cahoots” and this union is a significant danger, not to just President Trump, but to every American. If this corrupt union continues to stand, we will become a nation of men instead of a nation of laws and the First Amendment will evaporate taking with it the inalienable rights Americans live out today. Tyranny rules and “We the People” lose.
Summary
Therefore, in Hamilton’s words, every American has everything to fear because the Executive branch and the Judiciary branches of government now seem to operate as one. Their goal: eliminate any political opposition. The precious tenant of “equal justice under law” scribed on the Supreme Court building in Washington D.C. becomes pretense if the American judiciary is allowed to be twisted and used as a hammer to suppress opposition. Liberty vanishes and tyranny materializes in its place. Dr. Martin Luther King once said,
“Injustice anywhere is a threat to justice everywhere.”4
If this unconstitutional and unlawful desecration of justice continues, none of us will escape the consequences.
What do we do?
Our first line of defense is always to pray. Many of those pushing the leftist agenda think themselves to be gods. They are not. There is only one God and they are not Him. They are drunk on power and we must pray that their plans do not succeed. We must pray that they do not gain control of all three branches in 2024. At times, the issues we face appear to be giants, but God is a giant killer. Just ask Goliath. God made man to be free. 1 Corinthians 7:23 says,
“You were bought at a price; do not become slaves of people.”5
We do not have to knuckle under. Liberty is too precious to give it away. Pray for President Trump. Whether you like him or not is not the issue. Whatever the outcome of his trials sets the precedent for every American.
Commit to learning what your rights are by studying the Declaration of Independence and the U.S. Constitution. Unfortunately, too many Americans do not know their rights. If we do not know them, we cannot defend or assert them.
Support a group who are fighting hard to retain the America we all want to keep. For example, become a volunteer with Convention of States (https://conventionofstates.com/ ) and sign the petition supporting that movement. We can use the Constitution to change the Constitution by implementing a Convention of States as outlined in Article 5.
Step out of your comfort zone and become a Constitution Coach through Patriot Academy. You do not have to be an expert to become a coach. All you need is a willingness to speak the truth and to share the truth of America’s founding with those around you. There are Americans within your sphere of influence that do not know the truth about America’s founding, which other coaches may not be able to reach.
Get to know your representatives and senators at the state and federal level and make your voice heard by writing them sharing your position on the issues. Believe it or not, from personal experience, I assure you, they do read those letters and emails. Moreover, I might add, it is perfectly okay to become a consistent and insistent (i.e. a nag) constituent through your letters.
Become involved in local politics. Maybe your calling is to run for office, work in the campaign of someone you support, or become active in the local and county political apparatus to help bring it back to conservative and biblical values.
Vote at every opportunity provided to you, but I implore you to research the candidates and/or the issues before entering the voting booth. Become an informed voter by doing your due diligence to ensure you use your God-given right to vote (Exodus 18:22) in a wise manner worthy of the gift God gave you.
John Adams, our second President, once said,
“Liberty, once lost, is lost forever.”6
I agree with Steven McCann that we are perilously close to national disintegration.2 We must ensure that the Judiciary and the Executive branches disengage from their alliance restoring equal justice to the American people. If we lose our liberty because of this tyrannical and unholy union, we will never get it back.
1 https://founders.archives.gov/documents/Hamilton/01-04-02-0241
4 https://www.azquotes.com/quote/528824 (Letter from the Birmingham Jail, April 16, 1963)
5 https://www.biblegateway.com/passage/?search=1%20Corinthians%207%3A23&version=CSB
6 https://www.happybetterwiser.com/quotes/john-adams-quotes/
Very informative article and an important reminder of their “duties”!
Great article! Full of truth and wisdom. Thank you for sharing the understanding. I agree, we do not fully understand the perilous times in which we live and must become students of our own constitution.