What Is The Theme Of Judicial Tyranny The New Kings Of America

The major theme of the book “Judicial Tyranny: The New Kings of America?” by Mark I. Sutherland is the courts reaching pat their constitutionally delegated power and assuming a new role as legislators, even legislating in areas that Congress has no power in. Through the collected teachings and speeches contained within the book, Sutherland points out that basic freedoms, such as the freedom from legal restrictions on practicing religion guaranteed by the First Amendment, are currently under attack and have been for quite some time. From legal fallacies like the modern notion of “separation of church and state” to the all-out attack on the Bible in public, this book goes into detail as to what is being done and how it can be stopped.

Sutherland

However, the new trend has been to make the document mean what you want or to just disregard it and issue new laws. The modern view is that “the Constitution is what the judges say it is (p.30)”. Sutherland throughout the book that this is assumption not correct, because if this were true, than the final authority would rest with the judges, not with the people. This line of thinking is dangerous, as it makes those tasked with interpreting the Constitution essentially able to edit it to say whatever they want, regardless of what the document actually says on a matter. With the judges making wild rulings about freedoms and laws, they are undermining and assuming the duties of Congress, something they are clearly prohibited from

If we look at it in this light, it seems we are heading away from the rule of law and into the rule of man by the judges. Under a rule of law, the law is the highest authority and everyone in the country is under that law. The law creates a consistent standard of conduct that should be easy to understand. Under the rule of man, there is no consistency in ruling. Precedent is considered, but if the judge disagrees with the previous ruling, he can disregard it and issue the sentence or ruling that they think is correct. This will create a situation where there are no set rules and, depending on what the judge thinks is a crime, sentences will vary by degrees based on the jurisdiction that the offense is tried in. Consistency in law is an important part of the American legal