William J. Watkins Jr. discusses the original purpose of the Bill of Rights and how its role has changed over time. It emphasizes that the first ten amendments were designed to limit federal government power rather than to empower it.
1. Original Intent of the Bill of Rights:
• The Bill of Rights was created to protect individuals and states from an overreaching federal government.
• The intent was to ensure federal restrictions, as states already had their own protections.
2. Historical Context:
• In the late 1780s, there was widespread fear about federal power overriding local governance.
• The Supreme Court in the case of Barron v. Baltimore (1833) confirmed that the Bill of Rights applied only to federal actions, not state actions.
3. Shift in Interpretation:
• Beginning in the 1920s, the Supreme Court began to reinterpret the Bill of Rights as applying to state laws through the 14th Amendment’s Due Process Clause.
• This marked the start of judicial activism, where the Court began to nullify state legislation based on the revised interpretation of due process.
4. Impact on Legislative Power:
• The Court's decisions shifted focus from economic regulations to social issues, ultimately leading to a broadening of its influence.
• Judiciary power grew as the Court began deciding on matters traditionally left to state and local governance.
5. Concerns About Judicial Overreach:
• Justice Hugo Black noted the inappropriate nature of judges using their beliefs to assess the constitutionality of laws, as this power belongs to lawmakers.
• The increasing influence of the judiciary results in a disconnect between the people and their elected representatives, as federal judges are not accountable through elections.
As Americans observe Bill of Rights Day, the article urges reflection on how the Bill of Rights has evolved from a shield against federal encroachment into a tool that allows federal courts to dictate public policy. The author calls for a return to its original purpose—to restrain federal power rather than enhance it.
https://spectator.org/removing-the-sword-of-the-federal-judiciary/
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