The Supremacists: The Tyranny Of Judges And How To Stop It

by Phyllis Schlafly

The gravest threat to American democracy is the supreme power of judges over political, social, and economic policy. In this bracing indictment, Phyllis Schlafly exposes the courts’ fifty-year conquest of legislative authority, made possible by presidents, congressmen, and voters who surrendered without a fight. The Supremacists is both a warning that self-government is in peril and a battle plan for overthrowing the tyranny of judges. The Constitution’s system of checks and balances between the three branches of government has been an illusion for decades. The reality is an increasingly brazen judicial supremacy. Judges dictate fundamental social policy, impose taxes, manage schools and prisons, and orchestrate elections. In short, Americans have exchanged the rule of law for the rule of judges. The Supremacists begins with a survey of a half-century of judicial legislation. Chapter by chapter Schlafly reveals the astonishing scope of judicial ambition. Without any constitutional mandate, judges have banned the public recognition of God, redefined marriage, undermined national sovereignty, released a flood of pornography, institutionalized feminist dogma, and handicapped law enforcement. But Schlafly’s most startling revelation is the origin of judicial supremacy. The tyranny of judges stems not from the modest claims of Marbury v. Madison but from the infamous Dred Scott decision—the most carefully concealed skeleton in the judicial supremacists’ closet. In spite of everything, Schlafly concludes, the Constitution is on democracy’s side. It provides all the tools necessary—if only we’ll use them—to rescue America from the tyranny of judges.

Genres: Nonfiction, Legal, Politics

192 pages, Hardcover

First published January 1, 2004

About the author

Phyllis Schlafly (1924-2016) was an American constitutional lawyer, conservative activist, and author.

She was known for her staunch social and political conservatism, her opposition to modern feminism, and her successful campaign against the ratification of the Equal Rights Amendment in the 1970s.

Reviews

[Lexxi Kitty]

I've a vague recollection that I'd gotten this because it was suggested by my law school, though the publication date would lead me to believe that isn't the case (since this came out after I graduated.

Right, so, this is by that anti-feminist who killed the ERA back when it was heading towards passage in the 1970's. I tried to give this book a chance. Doing so caused my head to hurt, so that happened.

[Gstachura]

The U.S. Constitution was intentionally written with a separation of powers. The judiciary has regularly overstepped its boundaries in the past sixty years and Americans should be alarmed. Regardless of where we stand on any issue, rogue courts are a threat to our individual liberty and right to self government. This book is a quick read and a fine primer on the nature of the problem.

[Edward]

Phyllis Schlafly is a bit hard-nosed for my liking, but this book does an amazing job pointing out how the past 50 years have seen judicial activism radically shape American society with minimal opposition. Things like the public prayer, the infamous Kelo v. New London decision giving eminent domain radically unlimited abilities, Judicial outlawing of term limits for congress, laws against illegal aliens receiving public education, etc. Unfortunately, much focus is given on the "Imperial Presidency" and the growing powers of the executive branch, but Judicial supremacy is just as corrosive, if not more so than the expansion of executive power. While Schlafly notes that when the Warren Court first emerged with its rapid advances of Judicial activism, the public was far more concerned and opposed to it, while sadly now the belief that opinions are "Law of the Land" (a misnomer that Schlafly points out Activists have used for decades to justify their overreach) and resign themselves, much after the ACA ruling upheld Obama's highly controversial healthcare law.

The book is slightly out of date, written almost 10 years ago, but her warnings about Congressional action needed to be taken to prevent judicial interference in DOMA was prophetic with its recent abolition by the Supreme Court. Unfortunately, Congress continues to let its constitutional authority be usurped and frittered away by the advances of both the Executive and Judicial branches, and until the day they stand up for themselves the government will slowly shift more and more into the oligarchy that Schlafly warns of.

[David]

First two thirds of the book was somewhat repetitive, but the last chapter on actions was clear and concise. A call to action for those in and of the government to restore the balance between the three branches. There is nowhere in the constitution that says the judiciary is the final word on what is and is not constitutional. Congress sets the reach and scope of the judiciary (sec II and III US Constitution). Ask your representative to assert and fulfill the responsibility enumerated there.