Phyllis Schlafly in her book The Supremacists clearly explains how our judiciary has gone out of control. As a brilliant layer and writer, Schlafly helps the reader understand the manner in which the judges are redrafting the constitution. She stands firmly as a defender of people’s freedom as well as an advocate of pro-family activism. In her explanation, she gives a clear presentation on how judges have downplayed the oath of office and turned the American society into an oligarchy system.
Schlafly notes that the American government system was constitutionally designed to have clear separation of power among the wings of the government: the judiciary, legislative and executive. She clearly illustrates the changes that have transpired in the roles of these three arms of government. For instance, the judiciary, which was meant to be the least powerful and was never to be involved in creating laws, has over time grown to be the most powerful arm of the government. She therefore succeeds in explaining the notion that the nation is currently being ruled by a few judges who have greedily snatched powers from both the executive and legislative arms of the federal government.
Schlafly also manages to clearly describe how the gradual change to the style of our governance took effect. She notes that the judicial tyranny was initiated and motivated by the 1857 infamous Dred Scott’s decision. The Supreme Court delivered a pro-slavery judgment which struck down the Federal law that prohibited slavery in selected regions within the nation. She gives an example of a case in which Abraham Lincoln, the advocate for freedom, was shocked at ruling and the Court’s attempt to make that decision a public policy. Schlafly observes that after that ruling, it took almost 100 years for another round of judicial activism to erupt. What followed was Chief Justice Earl Warren rushing to prove judicial supremacy. This saw a number of established Federal laws overruled, which consequently initiated a social upheaval. She observes that the tendency to grab power by the judiciary largely begun with Warren and has continued undisturbed over the past five decades. The judges have perfected the art of imposing their own vision of a good society on a docile community.
Schlafly observes that the judges have embarked on serious violation of the constitution. She rightfully remarks that the judiciary has made critical changes in social and political policies. She also criticizes the move by the judiciary to dismantle laws meant to protect internal security and have redefined marriage which saw them legalizing same sex marriages. Other ill actions that she criticizes include: the move by the judiciary to remove the use of the Ten Commandments in schools, ban the pledge of allegiance, authorize Internet pornography and rights to public funding of the same as well as that to impose taxes on people. She also criticizes the Judiciary of having seen the overturning of the United States’ laws by citing foreign courts. In addition, Schlafly argues that the judiciary has been crippling law enforcement since they have dismantled laws that protect the nation’s internal security.
Schlafly documents that this judicial arrogance is not healthy for the American society and something should be done about it. The book presents facts on how the public feel insulted by the irrational rulings made by the judges who purport to legislate and remake the American culture. In addition, the book gives a workable plan on how this whole issue can be approached in order to obtain an amicable solution. Schlafly refers to these activist judges as supremacists since they champion a particular group’s supremacy; supremacy tailored to suit the judges at the expense of the people’s will. The author offers to take ordinary citizens through the legal jargon to enable them comprehend the harm caused by the judges in redefining marriage, fostering feminism, censoring the acknowledgment of God, interfering with elections and undermining the sovereignty of the United States. In the thesis of the book, Schlafly notes that over the past 50 years, the judges embarked on an unconstitutional grab of power.
She argues that the role of the courts has changed from that of interpretation of law to the creation of law. Unconstitutionally, the judges have abandoned their duties of delivering fine judgments but have become legislators yet not elected. She writes that since the changes were not allowed by the constitution, the Congress should take its rightful position and bring the judiciary back to order. Schlafly disapproves the notion that ‘whatever the Supreme Court says is the constitution.’ This implies that what the judges’ declare becomes the law of the land. She notes that these interpretations are unconstitutional and should be condemned by the Americans since it is the Constitution which is the land’s supreme law but not the courts’. She emphasizes that the Americans must not allow the rule of judges to replace the rule of law.
Schlafly gives much insight in this half century of judicial activism, devoting detailed chapters to issues confronting decent social life such as promotion of pornography, feminism, and the long time assault on the critical institution of marriage. For instance, concerning marriage, homosexual activists and liberal judges are pretty sure that their ill agenda will never pass the test of ballot box to reach implementation stage. She notes that, to have their selfish wish granted, these judges have side-stepped the will of the citizens a move that has seen the society land in unwarranted marriages.
As a mother and a lawyer, Schlafly is justified to express herself on how tyranny thriving in our courts is restricting our freedom and rendering our families captives. In addition to judicial activism that has won people’s mistrust on marriage issues, the federal courts have also enjoined themselves in the marriage debate. Schlafly argues that it is so unfortunate that homosexuals can today marry just as anyone else would. She points out that most homosexuals are not interested in marriage; rather they are fighting for public acceptance and approval. To achieve this, homosexuals are utilizing the spirit of judicial activism that has invaded American judiciary. Schlafly even identified one of the very judges, Justice Scalia, as referring to the move by his colleagues as unfortunate noting that they have made the Constitution and the nation unrecognizable.
Schlafly advocates for the constitution to be viewed as “living and evolving” rather than being viewed as a document that just meant to satisfy the needs of its authors. She notes that the original intent of those who drafted the constitution has been thrown away by judicial activism. This has paved a way for trendy interpretations that are being read into the constitution. In fact, Schlafly observes that the trend has advanced beyond interpretation and is now doing great in drafting of laws. Schlafly argues that judges have been comfortable in making the changes since they are not accountable to public given that they hold non-elective position. She thus pointed out that it is therefore needful to have the legislative duty handled by our elected representatives who will champion for our rights and remain accountable to us at all times.
Schlafly finishes her book by proposing ways in which judicial supremacists could be stopped. Her proposals include the need to sensitize the Congress to treat its impeachment powers with deserved seriousness and that of working on a formula aimed at restoring the balance of powers among the three wings of the government. She urges that ordinary citizens should develop interest in courts and the rulings made by the courts in order to be well informed on how America should be governed. The Supremacists serves well as critical rallying cry to the end of judicial activism. The country can thus never afford to ignore Schlafly’s book if it is going to truly become sovereign.