Judicial supremacy does not exist

The Montana Supreme Court, in McLaughlin v. The Montana State Legislature makes the claim that Judicial Supremacy essentially amended the Montana Constitution to confer power and control over the executive and legislative branches.

Justice Baker ends her opinion by supporting judicial supremacy by referring to the 1803 case Marbury v. Madison. Justice Baker quotes one line out of context in Marbury v. Madison: “the duty of the judicial department is to say what the law is.” She is implying this statement is a fundamental power, or doctrine in the U.S. Constitution only given to the Supreme Court. This is the lie that initiates the Supreme Court’s confidence game, to overrule the executive and legislative branches.

The U.S. Constitution was created by “We the People.” The legislative and the executive branches of government are the elected representatives of We the People.

The Constitutional Convention created a third branch, the judicial branch, to decide cases or controversies under the law. In truth, the judicial branch is restricted by the Constitution to be a referee. Their authority is like an umpire who calls a foul ball, but the judicial referee cannot enforce the call.

In truth, the judicial branch cannot enforce or make laws. They merely have judgment; and must ultimately depend upon the aid of the executive to effectuate those judgments. The judicial branch’s only function is to review cases or controversies and decide if they are lawful within the framework of the law and U.S. Constitution.

James Madison warned in the Federalist No. 47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

This is where we are today.

The U.S. Constitution and every states constitution provide boundaries in which the government can operate. However, the U.S. Supreme Court and state supreme courts claim of “judicial supremacy” is not found in America’s Constitution. Their claims of “judicial supremacy” while using Marbury are based upon a complete inversion of the words in the Marbury case with a total absence of constitutional authority.

The judicial branch has since used this and other cases to bolster their fraudulent claim. Their motive is to obtain what they could not gain through the vote of the American people or their elected representatives. The result of their assumptive language is decisions that stealthily added an unwritten and unseen amendment to the U.S. Constitution giving themselves powers not in the Constitution. This becomes an unpardonable alteration violating their solemn oaths to protect and defend the Constitution. Their actions are equal to an insurrection against lawful authority of the United States of America. They conspired and were successful in illegally taking constitutional powers from the executive and legislature branches. This has to stop.

In truth, to say what law is, is the duty of every oath-taking elected and appointed official, both federal and state in all three branches of government, as written in Article VI, Section I and III of the U.S. Constitution. This is the supreme law of the land.

Justice Sotomayor Admits the truth, She said, “There is not anything in the [U.S.] Constitution that says that the court, the Supreme Court, is the last word on what the Constitution means.” Justice Sotomayor admitted this during the Dec. 1, 2021 oral argument on the Mississippi abortion Dobbs case.

Justice Sotomayor destroys the 1958 court and Montana’s States Supreme Court claim of “judicial Supremacy.”

Conclusion: There is no such thing as judicial supremacy.

David Howard served in the Montana state Senate from 2015 to 2022. He lives in Columbus.