Brutus warned us more than 200 years ago that “Men [the Justices] placed in this situation will generally soon feel themselves independent of heaven itself.” Within a few decades after the Founders ratified the Constitution, the Supreme Court began to slowly and methodically “amend” the Constitution by rendering numerous decisions that ignored the Constitution's Original Meaning.
At the Founding, the States surrendered to the new central government only a few of the powers to govern that the States had received from their people for the purpose of empowering the federal government to serve the States and their people, primarily with respect to national defense and unified foreign dealings. The Founders intended for most governing to occur at the State level - not the federal level. Although Alexander Hamilton declared, in Federalist No. 78, that the duty of the Court is to serve as the “Faithful Guardians” of the Constitution, the Court has failed to perform that duty. On one hand, the Court has refused to keep Congress and the President within the boundaries established by the Founders. On the other hand, the Court has prohibited the States from exercising many of the powers that the people gave to their States - denying the people of each State the power to govern regarding many important issues.
Unfaithful Guardians reveals the history of how the Supreme Court has destroyed the Founders’ design for our Nation - a design of limited federal government, and almost unlimited State power on domestic issues. Thomas Edison stated, “The strength of the Constitution lies in the will of the people to defend it.” But, we can only defend the Constitution once we understand it. Sadly, the Constitution is rarely taught in our schools and colleges today. What is taught is what the Supreme Court believes the Constitution “ought to mean” and not what the Founders intended. Unfaithful Guardians will present to you the meaning that the Founders intended and how the Supreme Court has distorted that meaning. It is only when we truly understand the Original Meaning of the Constitution that we are able to defend it.
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
- James Madison, Federalist No. 45
“What has long been true has now become obtrusively apparent: There exists a fundamental contradiction between America’s most basic ordinance, its constitutional law, and the values by which Americans have lived and wish to continue to live. That disjunction promises to become even more acute as the United States, along with Europe, moves toward the internationalization of law. Several things are to be observed about these developments. First, much constitutional law bears little or no relation to the Constitution. Second, the Supreme Court’s departures from the Constitution are driven by ‘elites’ against the express wishes of a majority of the public. The tendency of elite domination, moreover, is to press America ever more steadily toward the cultural left.”
– Robert H. Bork, A Country I Do Not Recognize.
"The right of each State to order and control its own domestic institutions according to its own judgment exclusively is essential to the balance of power on which the perfection and endurance of our political fabric depends.”
- Abraham Lincoln, First Inaugural Address (1861)