If you wonder why we are having a nightmare circus around the confirmation of Judge Brett Kavanaugh to the Supreme Court, the late Judge Robert Yates wrote the answer in 1787.
1787 was the year Judge Yates of New York, writing under the pseudonym Brutus, penned the Anti-Federalist No. 78, detailing precisely why Article III of the then proposed U.S. Constitution would have the unintended consequence of creating a Court that would be even more powerful than the other two branches, able to reshape our nation upon the whim of the Judges occupying the Court. His words were eerily prescient.
Our Founders crafted Article III of the Constitution to create a Supreme Court with no political check and balance. Our Founders did not foresee the rise of any group like the proggies in this country, a group that, since the end of WWII, has shamelessly and ruthlessly used the power of the Courts to reshape our nation by unconstitutional means.
The sole right to craft the policies of this nation are assigned to Congress in Article I. The duty to enforce those policies is assigned the President in Article II. The right to make changes to the Constitution lies solely with the people — not the Courts — per Article V. Our Founders envisioned the Courts as merely interpreting the law and insuring that any legislation comported with the Constitution and legislation passed by Congress. Our Founders catastrophically failed to foresee a Court so powerful it would take unto itself the power to rewrite laws and the Constitution itself. And yet that is where we are today, and it is why proggies are willing to go to any length to maintain a stranglehold on the Supreme Court.
It’s not like our Founders weren’t warned. This from Judge Yates provided that warning in 1787:
THE POWER OF THE JUDICIARY
The supreme court under this constitution would be exalted above all other power in the government, and subject to no control. The business of this paper will be to illustrate this, and to show the danger that will result from it. I question whether the world ever saw, in any period of it, a court of justice invested with such immense powers, and yet placed in a situation so little responsible. Certain it is, that in England, and in the several states, where we have been taught to believe the courts of law are put upon the most prudent establishment, they are on a very different footing.