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OpEdNews Op Eds    H2'ed 11/19/15

Judicial review is an abomination to Democracy and Justice

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Judicial review is the power of the U.S. Supreme Court to review laws and actions from Congress and the President to determine whether they are constitutional. In recent years, the William Rehnquist and the John Roberts' courts have used judicial review to usurp the constitutional Rights of the American peoples.

Any critical look at the court when it comes to issues of race and corporatism show that the High Court has used its self-aggrandized powers of so-called Judicial Review to empower the privileged and to serve as a firewall against the unrelenting arc of justice for the Black and poor.

The framers never intended judicial review as being anything outside of advisory from the Court to the Administrative and Legislative branches of government, and as the referee of differing opinions of the lower courts' decisions

Mike Huckabee stated a few weeks ago that Dred Scott was still valid law. Huckabee articulated a long held belief by the racist class and many Federalist Society indoctrinated jurist that our blackness prohibits citizenship in their world of white privilege.

Dred Scott v. Sandford was a landmark decision by the U.S. Supreme Court in which the court held that "African Americans, whether enslaved or free, could not be American citizens". The court ruled that the federal government had "no power" to regulate our (Black) status in the federal territories acquired after the creation of the United States".

For most of U.S history the federal court under the guise of judicial review has been used as a white royalist barrier to true freedom for Black peoples and as a profitable prostitute for corporations and billionaires.

The recent Roberts' court rulings on Shelby County v. Eric Holder on section 4 of the voting rights act is an example of the court exercising a self-given privilege of extra-judicial supremacy over the other two branches of government.

How could a nation for a century and a half after emancipation continue to terrorize every aspect of black life without a compliant judiciary? Judicial Review is NOT codified in a constitutional amendment or signed legislation by the other branches of government.

How could this nation get away with determining to what degree every Black person born after emancipation would not have unfettered rights as common citizens?

The Roberts' court used judicial review to set themselves above the constitution for the sake of race and white political power, with no less zeal than the old "White Citizen Councils". The Roberts' Court shamefully and unconstitutionally allowed voting districts to use race to disenfranchise and suppress the Black vote in historically racist voting districts across this nation in direct violation of their oath of office and the United States Constitution.

The power grab in Marbury v. Madison in 1803 by the John Marshall court is the foundation that entrenched American racism has stood on for the past two-hundred plus years. The Marshall Court created another layer of insurmountable white privileged royalist power that Black protest or politics could never overcome.

In Marbury, the court decreed it had the power to overrule acts of legislation and executive edict if the court determined the other two branches of government had made laws contradictory to the constitution.

However, for most of the 211 years after Marbury the Supreme Court has shown more interest in their personal dictates and racist and corporate beliefs than constitutional protection for the long suffered.

Plessy v. Ferguson, the "illegitimate child" of Marbury v. Madison, was the foundation of Jim Crow laws to inverse or erase legislative achievements during the reconstruction era.

Complainant, Homer Adolf Plessy was subjected to the one drop rule of segregation that transposed a European American into an animal called "n-word" for purpose of public accommodations. Homer Plessy had 1/8 black blood in his family gene pool which was enough to declare him an untouchable by American law and circumstance.

What the court did in the Plessy decision was to end reconstruction and the soul of emancipation for over half a century until Brown v. Board of Education of Topeka in 1954 ended the lie of segregation being equality.

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Mr. Franklin has been an activist for over 40 years,he is a veteran of the USAF, worked in the Environmental field for over 38 years. Mr. Franklin led a class action lawsuit in 1995 (Franklin vs Metropolitan Council). He Chaired a Minority (more...)

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