Before reading Mark Levin’s “Men in Black” I was under the assumption that the Constitution of The United States of America was the “guiding document” the Supreme Court used when considering cases before them, but many of the unbelievable stories told in this book indicate that too often this is not the case. Levin tells the tales, in considerable detail of the incidents where the court sidestepped the intent of the Constitution, infringed on the authority of the democratically elected branches of government and took matters into their own hands.
Levin spoke of judicial activism, a term I’d heard before, but never really considered its implications. The author’s position is that the Supreme Court, the only body out of reach of accountability in elections, are not, and cannot be accountable to the people in the same way the Executive and Legislative branches are. Judicial activism places the non-elected, largely unaccountable Supreme Court as legislators with the power to make into law the social agendas they often carry with them when appointed. This has led to many decisions being foisted on the legislative branches, and in turn, the people.
I grew up with the notion that the legislators make the laws and the judicial branch interprets them, using the Constitution as their guide. As I read this book I realized that this was one of those notions that you carry with you until you somehow learn otherwise.
I also came to understand that when the Supreme Court chooses not to “anchor” itself to the Constitution, it becomes “adrift” as it searches for other, less secure, sources of guidance. This, I found out, was the case in the court’s longstanding position that “church and state” should be separated. One can argue for or against this point, but the thing that disturbed me most wasn’t so much that the court took the position that “church and state” should be separated, but more their reasoning for doing so.
The source of the court’s move toward a “separation of church and state” came from a very unusual and obscure place. It was 1947 and Justice Hugo Black, a longtime admirer of former president Thomas Jefferson, used a letter Jefferson once sent as a “precedent” for deciding that church and state should be separate in the case of “Everson v. Board of Education.” After reading the story, I was amazed that Justice Black used the letter at all, since it was merely a “thank you note” from Jefferson, addressed to a Baptist community in Danbury, Connecticut in response to the earlier congratulatory letter they sent him after he won the presidency.
This book was a real eye opener for me as I came to realize how the highest court of the United States has increasingly seized power, arbitrarily and independently making decisions that are normally in the purview of legislators and the executive branch of the states and federal government. The Supreme Court has changed the way things are done in so many areas of public life, including, civil rights, citizenship, terrorism, free speech, elections, and numerous other areas. Many of these decisions were not guided by the intent of the framers of the constitution.
This was a book that needed to be written, and just as importantly, needs to read. I’m pleased to see that Levin chose to write this book in a way that would engage, and hold the interest of the reader. This way it won’t stand in that long line of relevant works that sit on the dusty shelves of academia’s institutions.
We’re talking about the most foundational principles, values and the best of that “grand experiment” we call the United States of America. Very few topics are of equal importance.