A lot of Americans believe that the American “Founders” created a system that automatically fixes itself. They talk about the “balance of powers,” and think that it will always save them from a tyrant. The balanced powers of the US Constitution, however, were trashed within fifteen years and doubly-trashed just a century ago.
In the Constitution, the states balanced the power of the national government (the one now in Washington, DC.) Not only did the states control half of the legislature, but they decided if and how they would implement the edicts of the national government. And that included deciding whether a law was constitutional or not.
This changed in 1803 with the Marbury v. Madison ruling. This ruling – taught as a work of genius in American schools – was a fraud against the US Constitution. In it, the Supreme Court held that they understood the Constitution better than James Madison, the man who wrote it!
Here is the case summary, from:
http://www.lawnix.com/cases/marbury-madison.htmlSummary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).
Facts
On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office.
The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall (who later became Chief Justice of the Supreme Court and author of this opinion), but they were not delivered before the expiration of Adams’s term as president. Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been delivered by the end of Adams’s term.
William Marbury (P) was an intended recipient of an appointment as justice of the peace. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (D), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.”
But worse than even this, they held – with absolutely no basis – that it was they who would decide what was constitutional or not. The states were tossed aside. Even the sitting President of the United States, Thomas Jefferson, called it “a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
Marbury’s Judicial review (the Supremes ruling on constitutionality) merely involves one branch of the national government providing a check on the other branches of the national government. After Marbury, no one could check the national government.
Washington DC was unleashed with Marbury v. Madison. What made it almighty was the 17th Amendment of 1913, which took the powers of the states and transferred them to Washington, by mandating the popular election of senators.
With senators being elected directly by the populace, the states were cut-out of the equation. In their place, political parties gained massive power, and nearly all power was consolidated in the city of Washington.
And so it is today. Washington is an unfettered beast. The system will NOT fix itself; the mechanisms to do that were lost a long time ago.