On November 3rd, Allan Ladd said that I was wrong in writing that the Founding Fathers established the Supreme Court. He claimed that John Marshall is due the honor. So what do historians say regarding the development of our two most important documents!
The first major step was “The Unanimous Declaration of the thirteen United States of America.” The Declaration of Independence was signed on July 4, 1776. This document outlines, “The history of the present King of Great Britain, which is a history of repeated injuries and usurpations, the objective of which was the establishment of an absolute tyranny over these states.”
From July 4th forward, our founding fathers worked out the specific details of what the constitution of a free people would entail. This effort was finished in early 1787 and was ratified by the states and in full effect by 1789. It contained seven articles. Article I established that, “All legislative powers here in shall be vested in a Congress of the United States. Which shall consist of a Senate and a House of Representatives.”
Article II established the position of President and what his responsibilities would be; including that of Commander in Chief of the Army and Navy. Article III established “The Judicial Power of the United States shall be vested in one Supreme Court.” This followed by very specific rules for the courts operation and jurisdiction.
Please note that the name John Marshall does NOT appear as a signor of either the Declaration of Independence or our Constitution. Further, John Marshall was born in 1755 so he was only 22 years old when the constitution establishing the Supreme Court, was formalized. –Hardly the age of a legal giant. He did become a Justice (1800) but 11 years after the court had been firmly established.
Mr. Ladd says we are now a “Democracy,” not a “Republic.” His sole justification for this is, “When America moved beyond a Republic to a more populated and complex society etc.” Just where and when Mr. Ladd, is this change of government promulgated? Every day, students and adults repeat, “I pledge Alliance to the Flag of the United States of America and to the REPUBLIC for which it stands.” Unfortunately, Democracies ultimately degenerates into a “tyranny of the majority” with individuals losing all of their rights as citizens. You see this as the EU collapses day by day.