Source: Future of Freedom Foundation
by Jacob G Hornberger
“When the U.S. Constitution called the federal government into existence, it was on the condition that federal officials could exercise only those powers that the Constitution delegated to the federal government. If a power wasn’t delegated, it could not be exercised. … The responsibility of the judicial branch was to determine whether laws enacted by Congress or actions taken by the president were constitutional or not. The federal judiciary would have the final say over the constitutionality of laws and actions. … after the federal government was converted to a national-security state in the late 1940s, the national-security establishment (i.e., the Pentagon, the CIA, and the NSA) effectively became a fourth branch of government — and the most powerful branch at that, one to which the other three branches ended up deferring.” (08/13/25)
https://www.fff.org/2025/08/13/judicial-deference-to-unconstitutional-actions/