ABSTRACT

The legislature, just as in civil law countries, has the power to establish new laws from whole cloth. In essence, all three branches of government such as legislative, executive, and judicial are equally powerful. The problem was that the legislature was attempting to modify the Constitution by expanding the power of the Supreme Court, without following the Constitutional Amendment process outlined in the document. Statutes became subservient to the interpretations of the courts and the courts became gatekeepers to the Constitution. Judicial review meant that both state and federal legislatures would always be under the watchful eye of the courts. Individuals who believed that the legislature was violating the Constitution had access to the courts to protect their rights, because the judicial power of the United States is extended to all cases arising under the Constitution. Finally, this chapter clarifies the crime of treason that includes declaring war against the United States or supporting enemies of the state.