If you are against the international U.S. empire, shouldn’t you also recognize that the U.S. also operates a domestic empire over the states and the people? And shouldn’t you be as strongly against Washington’s domestic abuses and misuses of national power as you are against its international abuses and misuses of power?
Of course, you should, if you are a consistent exponent of non-aggression.
Bruce Fein has condemned the international U.S. empire strongly. Yet, in an essay dated Nov. 19, 2018 in The American Conservative, he takes Matthew Whitaker to task for deploring judicial review and the Marbury v. Madison (1803) case that was taken as a precedent for it.
Instead of seeing that Supreme Court authority of judicial review has completely undermined the Constitution through one outrageous ruling after another, in the process producing a domestic empire, Fein enshrines this authority:
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“Judicial review is to the rule of law what the Ten Commandments are to Judaism or Christianity. Without it, Congress, the President, and the States would decide the lawfulness of their own acts. They would be judges in their own cases.”
No, no, no. Judicial review subverts the rule of law. How else but by subversion could fiat money be imposed on a country whose Constitution demands metallic money? How else could be approved the power of Congress to stop a small Ohio farmer from raising wheat for his own consumption above the quota imposed by Congress?
Tom Woods has already defended Whitaker’s position on the score that James Madison in The Report of 1800 spelled out the alternative to judicial review that’s called…