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Do You Know What the Founding Fathers Had to Say About the Judiciary?


"The judiciary is beyond comparison the weakest of the three departments of power..."

(Photo: TheBlaze TV)

Author, historian, and founder of Wallbuilders David Barton appeared as the guest host on The Glenn Beck Program Friday, where he discussed religious liberties, the IRS' targeting of conservatives, and particularly, the Founding Fathers' views of the judiciary.

"The courts and the judiciary -- it seems like they're into everything today," Barton began. "They have the final word in shaping our national policies on things from healthcare, to marriage.  From the right of personal self-protection to public religious expressions, and from criminal justice matters to military policy issues.   And we let them do it!"

But Barton said that we "seem to have forgotten a few basic principles that are worth reviewing."

The historian held up a copy of the Federalist Papers, saying it is considered the most authoritative constitutional commentary ever written.

"In this book, the Founding Fathers who actually wrote the Constitution tell us, 'the judiciary is beyond comparison the weakest of the three departments of power," he said.  "In fact, the Constitution made the judiciary so weak that according to the Federalist Papers, 'the general liberty of the people can never be endangered from that quarter.''

(Photo: TheBlaze TV)

How is that possible?  Our founders explained, Barton said, that the judiciary "has no influence over either the sword or the purse; no direction either of the strength or of the wealth of society, and can take no active resolution whatever.  It may truly be said to have neither force nor will."

In fact, they tell us that, "there is not a syllable in the plan [the Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution."

"No wonder Progressives don't like the Constitution -- it restrains them!" Barton reflected.  "They don't like to be held back from fundamentally transforming the country.  It's no wonder that they work so hard to keep the Constitution from being taught in schools."

Barton said that Thomas Jefferson long ago warned the people of leaving the Constitution to be interpreted by those who may or may not agree with what it says.

This is "a very dangerous doctrine indeed," Jefferson is quoted as saying.  "The Constitution has erected no such single tribunal."

"The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary which they may twist and shape into any form they please," he added.

David Barton said that we have forgotten the words of the Founding Fathers, and need to go back and study the Constitution.

As John Jay, author of a number of the Federalist Papers and the first Chief Justice of the Supreme Court advised: "Every member of the State ought diligently to read and to study the Constitution of his country...By knowing their rights, they will sooner perceive when they are violated and be the better prepared to defend and assert them."

Complimentary Clip from TheBlaze TV

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David Green, the founder and CEO of Hobby Lobby, also appeared on the program to discuss the monumental ramifications of the Affordable Care Act, which -- to the surprise of many, the Supreme Court upheld as constitutional -- on his business.

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