New Jersey is a Soviet Republic.

Which is to say, it is ruled by an ideological oligarchy that passes decrees which every other person must obey. The legislature and governor are vestigial organizations possessing mostly ceremonial duties.

As chief justice for nine years, Vanderbilt helped forge the New Jersey Supreme Court’s expansive understanding of its role. For instance, he wrote the majority opinion in Winberry v. Salisbury, a decision that gave the court itself, not the legislature, the power to make rules for the state judiciary. That ruling set New Jersey’s judiciary apart from the court systems in most other states—as well as from the federal judiciary, which ultimately derives its authority from Congress. Some critics have even argued that Winberry violates the U.S. Constitution’s guarantee that every state must have a republican form of government. “Under the doctrine ofWinberry v. Salisbury,” wrote New Jersey lawyer Anthony Kearns in a 1955 ABA Journal article, “we can only conclude that laws of practice and procedure are exclusively in the hands of men who are not elected.”

Read the Whole Thing, and recognize that the worst kind of tyrant is the one who believes himself a savior.


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