Consider The Federal Judiciary

To the Editor:

At stake in this election is a concern more serious even than the threat of terrorism. It is a threat to the foundations of our government, foreseen by Thomas Jefferson, and coming to pass in our day. Jefferson said the “germ of dissolution of our federal government is in…the federal judiciary.” He foresaw the potential of unchecked power of federal and Supreme Court justices.

The Constitution does not empower judges to make law but rather that “We the People” make law through our elected representatives. Yet the most important issues of our day: abortion, education, parental rights, divorce, religious liberty, liability, security, even the legal definition of marriage itself are being decided not by our elected representatives, but by the reinvention or overturning of laws in the courts of elite, unelected, and unaccountable activist judges.

Jefferson wrote:

“The Constitution is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.

“You seem to consider the judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy… their power [is] the more dangerous, as they are in office for life and not responsible, as the other functionaries are to the elective control. The Constitution has erected no such tribunal, knowing that to whatever hands confided, with corruption’s of time and party its members would become despots.”

The next president may appoint up to four Supreme Court justices and a majority of federal judges.

President Bush has stated his criterion for judicial nominees to be those who would strictly abide by the Constitution and has demonstrated that commitment in his present term by the quality and public record of his nominees to the federal bench.

Senator Kerry has stated a litmus test that a judge must be pro-abortion among other politically correct biases. The Democrats have consistently supported activist judges who will advance the cause of the left, though court decisions, forcing on the American people those policies that the majority of Americans would not support if voted as legislation.

The Constitution provides a balance by each administration’s right to appoint federal judges with simple majority approval of Congress, resulting in judges appointed by both parties. The Democrats have vigorously opposed the President’s nominations and stopped Congressional vote on ten nominees by filibuster. Nominee Miguel Estrada had the highest recommendations from the not-so-conservative American Bar Association but was filibustered because Senators Kennedy and Schumer suspected he might have personal pro-life beliefs. In the view of the Democratic Party, if your church or synagogue is pro-life and you actually believe your faith, you are disqualified to serve on the federal judiciary.

Before you pull the lever for Mr Kerry, consider the prospect of four Supreme Court justices and a majority of federal judges appointed by a Senator more liberal than Ted Kennedy. Freedom has no foundation if our constitution and laws becomes whatever activist judges say they are.

Bob Andrejczyk

91 Berkshire Road, Sandy Hook                               October 27, 2004