Every red-blooded American I know wants a strong nation where justice is blind, and all people are equal under the law. We also want an impartial court system that isn’t influenced by the ebb and flow of political trends. However, that’s only going to be possible as Americans turn to the God of the Bible as the source of true justice and recognize the importance of keeping our justice system within constitutional bounds.
The concept of justice is deeply rooted in the character of God. The psalmist declares, God is a righteous judge, and a God who has indignation every day (Psalm 7:11). As God’s image bearers, we have a deep sense of justice even though sin has distorted our thinking and moral compass. Whether a culture is advanced or primitive, this divine echo of law and justice reverberates in every place as a reminder that we are created by a just God.
As a gracious gift to mankind, God has provided legal systems to settle disputes and vindicate injured parties. This pattern for a system of courts and judges is seen clearly in the history of the Jewish people. From the very beginning of its existence as a nation, Israel was given a system of judges and courts. Even before the Law was given at Sinai, Moses’ father-in-law, Jethro, advised him to “select out of all the people able men who fear God, men of truth, those who hate dishonest gain; and you shall place these over them as leaders of thousands, of hundreds, of fifties, and of tens” (Exodus 18:21).
America is the benefactor of these rich biblical traditions and their influence on English law. Our Founding Fathers incorporated the idea of an independent judiciary into the nation’s government but saw it as the weakest link. James Madison, the father of the Constitution, said of the court system, “the judiciary is beyond comparison the weakest of the three departments of power.” Madison drew on the writings of Montesquieu when he wrote “there is no liberty, if the power of judging be not separated from the legislative and executive powers” (Federalist No. 78).
By design, American courts were neither to pass laws nor enforce them. Those were roles assigned to the legislative and executive branches. Courts and judges were simply to decide cases under existing law. Like a good umpire, they were to call “balls and strikes.” When courts or individual judges begin to rule on any standard other than existing American law, they effectively cross over into the realm of the legislative branch, resulting in judicial activism. That has been the biggest threat to liberty in America.
In her report for The Heritage Foundation, How to Spot Judicial Activism: Three Recent Examples, Elizabeth Slattery explained ways to recognize judicial activism. Some of these include interpreting the U.S. Constitution in light of foreign law, finding new “rights” not in the original text, or adjusting the text of the Constitution or a law to align with the judge’s own feelings. Each of these misapplications of the role of the judiciary can have long-lasting consequences if allowed to continue.
Recently, on The Stand Radio, I spoke with Phillip Jauregui, Senior Counsel at AFA Action and a key figure at the Center for Judicial Renewal. He explained the drift toward judicial activism in our highest court and offered some encouraging news for the future. “For 40 or 50 years, the Supreme Court was really a captive tool of the Left in the sense that when the Left couldn’t accomplish what they wanted legitimately and legislatively by Congress and the president, they would go to the court and the court would legislate.”
However, rather than amending the Constitution to fix this problem, Jauregui highlighted the need to renew the courts by returning to the great constitutional principles we already have. That process is already underway and has given him a renewed sense of hope. “I’m not saying there won’t still be some errors at the court, but I think the era of activism with the court creating new rights that are not in the Constitution – I think that’s over.”
Jauregui sees the election of President Trump and his revival of conservative principles as a type of reprieve for America. “In law, a reprieve can either be an imposed death sentence that is removed, or merely postponed. My concern is that we need to be good stewards of this merciful and gracious opportunity that God has given us in this nation,” he emphasized. He believes the Supreme Court was the body that first breached our national relationship with God and appears to be the one God is using to renew and refresh it.
There are currently 50 vacancies that are expected to be filled by the Trump administration, and the Center for Judicial Renewal is quickly reviewing potential nominees. As these contenders are vetted for a biblical worldview, a demonstrable commitment to the constitutional role of a judge, and a willingness to suffer for these views, they will be forwarded to the Senate and ultimately to the president himself for nomination.
Even though this renewal has begun, and the vetting of prospective nominees is ongoing, there is still the need for everyday Americans to get involved in the process. Jauregui said, “We’re going to be asking AFA’s friends and grassroots army to take positions and let their senators know about these nominees. And for the most part, we’ll be asking for confirmation votes.”
I encourage you to listen to the entire conversation I had with Phillip Jaruegui on The Stand Radio. I came away hopeful that my children and grandchildren will live in a nation that once again operates under a healthy, constitutional, judicial system. If that’s to happen, it will be because of the hand of God and the willingness of His people to faithfully engage in our civic responsibilities. May God give us courts that reflect His justice and judges that operate in the knowledge that all true judgment comes from Him.
