As one man’s conscience cannot properly be deputy for another man’s conscience,
so neither can an inferior judge, as a judge, be deputy [to another].
-Samuel Rutherford, Lex, Rex, Q.XX.

The American people have been fed a fiction – that everyone must obey the Supreme Court because of the Supremacy Clause.

When you read the Supremacy Clause however – Article 6, paragraph 2 of the U.S. Constitution – you see that the Supreme Court or federal courts are not even mentioned. Rather, what has supremacy is the U. S. Constitution itself and all laws or treaties made in accordance with the Constitution.

True federalism understands that all magistrates – whatever their level or sphere of jurisdiction – possess lawful authority. And that whenever one branch of government begins to play the tyrant – all other branches (whether federal, state, county, or local) have the duty then more than ever to uphold the Constitution and oppose that branch acting tyrannically – even if that branch is the Supreme Court.

Let us say loud and clear: The Supreme Court cannot make law. That takes legislators. Their opinion is not the ‘law of the land.’

In the halls of the legislatures, executive mansions or judicial buildings, a new version of the Divine Rights of Kings prevails, which is usually grounded in some distorted phrase from the Constitution interpreted in light of other phrases not within the document, then compounded with myth and legend whereby the usurpers of our rights claim long-standing tradition and interpretation of the ever so revered, but never actually read or followed, Constitution. I can think of no better example than the oft-repeated bastardization of Thomas Jefferson’s letter calling for a “separation of church and state” being read back into the First Amendment for the purpose of depriving the American people their freedom of religious expression. Using Thomas Jefferson’s letter gives the air of tradition to the hellish and petulant doctrine of civil government unaccountable to God.

As with the First Amendment, in which the words “separation,” “church” or “state” cannot be found but we are told stands for the proposition of a wall of separation of church and state, the Supremacy Clause of the United States Constitution has taken on an interpretation that is impossible, without the aid of a criminal mind, to read from the document itself. That same criminal mind reads the supremacy clause as “the federal government is supreme.”

The Supreme Court, notwithstanding its name, is not the supreme authority of the United States. The so-called “supremacy clause” of the Constitution places the Constitution above the laws and treaties of the United States, and subordinates every judge in every state to the U.S. Constitution. And thus, courts cannot make laws.