For legal purposes, the American empire was inaugurated in the 1870s with the invasion and occupation by the USA (and Canada) of the national territories of the Indians of North America, and continues with the invasion and occupation of Afghanistan and Iraq.The prevention of empire and, correspondingly, of war and genocide pursuant to empire, depends upon establishing the rule of law, responsibility for which constitutionally is vested in the judicial branch of government.Its job is to uphold constitutional democracy under the rule of law against political usurpation of the People's exclusive sovereign power over constitutional change secured by the Article V Amendment Formula.Instead it has politicized itself, not only in terms of excusing usurpation by Congress and the President, but also in terms of the "living tree" approach to the constitution which permits judicial pruning and splicing as an alternative to Article V.One consequence is unconstitutional empire, war and genocide which, directly concerning the life of the People, is the definitive legal issue for testing the existence of the rule of law and, by extension, of democracy under the rule of law.