Showing posts with label Judiciary. Show all posts
Showing posts with label Judiciary. Show all posts

Friday, May 16, 2025

Donald Trump’s Lost Honeymoon

As the west was seemingly spinning off its axis of common sense, it was the relief of a lifetime when Donald Trump prevailed in 2024.  Suddenly the world that had been turned on its head was going to be set right again. We were going to have an actual border again. Men weren’t going to be allowed to play in women’s sports.  Freedom of speech was going to be a thing again. DEI was going to be fading in the rear-view mirror rather than a roadblock to merit and success.   

On most of these things the President has been rock solid. But, sadly there are troubling circumstances nonetheless. 

One is highlighted by Democrat Jamie Raskin’s warning to countries who work with the Trump administration: "If and when we come back to power, and we will, we are not going to look kindly upon people who facilitated, to use the word of the day, who facilitated authoritarianism in our country. That's an assault on our Constitution and our people," Raskin is essentially threatening those who work with the Trump administration with consequences when Democrats returned to power.

That promise showcases one of the fundamental problems with the Trump 47 administration:  Executive Orders. The problem with EOs is that they are not laws, and therefore are susceptible to reversal by the next guy who sits in the Oval Office.  (One that should have been but never was is JFK’s Executive Order 10988, which allowed federal employees to unionize.)

Trump has issued Executive Orders addressing issues from immigration, energy, education, keeping men out of women’s sports and more.  They’re great, but unfortunately Congress is not turning those EOs into laws… which means that the next time Democrats steal the White House, all of those can be immediately repealed, which is exactly what happened with Trump 45’s EOs. Has he learned nothing?

Another area of concern has to do with rouge judges.  Trump has faced an unprecedented number of nationwide injunctions and insane court orders.  These have included everything from immigration to federal waste and fraud to transgender surgeries to men in women’s sports. Trump is allowing himself and his agenda to be hamstrung by Obama and Biden activists.   Axios even wrote a piece titled “Lower courts' growing power over the president”.  President Trump just passed his first 100 days, what’s commonly called the “Honeymoon” for a president where he has the momentum and usually the greatest chance of getting legislation passed.  But this administration is not doing that, in large part because the GOP party is full of RINOs and lawmakers are too busy grandstanding or sucking up to donors by introducing over 5,000 mostly pointless bills and resolutions, 95% of which will end in the shredder. 

Given that the GOP House is led by a guy with a pathetic 75% Liberty Score, the filibuster gives Democrats a veto over pretty much anything and the Supreme Court is led by swamp dweller, Trump has few good options.  But few doesn’t mean none. This is probably a bad quote to showcase given the circumstances, but it fits.  After a Supreme Court ruling that went against him in 1832, President Andrew Jackson may or may not have said about the Chief Justice, “John Marshall has made his decision, now let him enforce it.”

In that same vein, Trump should simply ignore the lower courts’ injunctions that go beyond the specific participants in any case.  Judges have no Constitutional power to make nationwide injunctions and Trump should act accordingly. Force Congress to come up with a solution.  And for those who cry that Trump would be doing something unprecedentedly unconstitutional… not so much. Jefferson made the Louisiana Purchase even though he believed he had no Constitutional power to do so.  Lincoln suspended habeas corpus, FDR forced internment of over 100,000 Japanese American citizens, Obama weaponized the IRS to target his opponents and invented DACA while Biden bragged about defying the Supreme Court after they rejected his cancellation of student loans. And there are others.

The reality is, the judiciary is running a coup d'état and if Trump doesn’t end to it soon, his legacy will be failure and the collapse of the Republic.

While the judiciary is the most critical issue, there are still others that must be addressed.

Trump must charge and make examples out of the people behind the persecution of the J6ers and the members of his team who were targeted, like Mike Flynn. Trump has taken more abuse from more sides than any president in American history. They’ve indicted him, they’ve charged him, they’ve sued him and they’ve literally tried to kill him twice – that we know of.  And they did all of that once he was out of office and had spent his entire term in office struggling against the swamp – both across the aisle and in his party.  These people targeted not only Trump, but the Constitution and the Republic.  If not addressed, it will happen again.  

Then there are two more issues: The Epstein list and election fraud. 

We were promised throughout the campaign that the Epstein list was a top priority.  It’s clearly not, as we’ve just been told that the White House doesn’t know when it will be released. That’s after we were told there was an issue with national security.  There should be nothing that involves a blackmailer pimp selling access to children that should impact national security.  It doesn’t matter if that list includes politicians, generals, justices, or anyone else. If someone is on tape doing anything worthy of blackmail with children, they should be exposed, tried and convicted.  If the list never sees the light of day, particularly after Epstein and his primary accuser committed “suicide”, then the public will know for sure that the rich and powerful – including politicians – are not held accountable, regardless of their transgressions.  That is not a message a nation struggling to bring back law and order needs.

Then there is the Democrat’s using every dirty trick in the book to create circumstances where they can steal elections, and that includes ActBlue, the money laundering scheme specifically designed to illegally funnel untraceable money to Democrats. If Trump doesn’t fix the integrity of American elections, the country will quickly become California, a single party nation utterly unmoored from reality, common sense and quickly devolving into a dystopian nightmare which will beget a civil war. 

Donald Trump was elected to fix America.  He can’t do that so long as the people who broke it are still free and in positions to keep him from doing so. No one is talking about rounding up anyone simply because they’re Democrats. No, but those who used their positions to illegally thwart Trump from executing his Constitutional duties, used their offices to illegally destroy the lives of opponents, and those who stole the election in 2020 must be held to account. It must be done publicly, transparently, and constitutionally.  But most of all, it must be done.

If Americans see that the government is no longer constrained by the Constitution and that we’ve devolved from a nation of laws to a nation of men, then their willingness to be governed by said Constitution will evaporate. Anarchy and tyranny are the antipathy of a Republic, but that is ahead if Trump doesn’t demonstrate that no one is above the law, even government officials. 

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Monday, March 31, 2025

The Imperial Judiciary Of The United States


 "Render unto Caesar what is Caesar’s, and unto God what is God’s…"

When Jesus was alive, the religious leader of Rome was, in fact, both Caesar and the voice of God, for Emperor Augustus had taken the position of Pontifex Maximus, the chief high priest, for himself.

A separation between church and state would occur in the late 4th century when Saint Ambrose, the Bishop of Milan, would cleave the two.

In 390 AD, in Thessalonica, a Macedonian city in the Roman Empire, the citizens murdered a Roman garrison commander for arresting the most popular Macedonian charioteer just before a major race. A seething Emperor Theodosius ordered his soldiers to slaughter the entire population. When the smoke cleared, 7,000 men, women, and children died in the Massacre of Thessalonica.

Ambrose, the most powerful man in Christianity at the time, banned the emperor from Mass. Theodosius I, an extremely devout man, would spend the next six months seeking Ambrose’s forgiveness and doing penance. Eventually, Ambrose decided the Emperor had shown sufficient contrition and allowed him back into the Church, but not before forcing him to make Christianity the official religion of the Empire and outlawing every other faith.

That was one of the first and most powerful checks on a monarch’s power in the history of Western civilization. Another would come in 1215 when English King John was forced by a group of rebellious barons to sign the Magna Carta, which provided protections for the church and guaranteed the barons a variety of liberties and rights.

Fast forward 562 years and another step towards a truly limited government would occur in Philadelphia in 1787. In an unprecedented advance for Western civilization and, frankly, humanity, the Founding Fathers wrote the Constitution of the United States. With a keen understanding of man’s nature, this document was sufficiently robust and prescient that it would last for centuries.

In a direct reaction to the English system, they wrote a constitution in which, while the primary power lay in the legislature, the power of all three branches was checked by the other two and ultimately by the citizens and the Bill of Rights.

To give some perspective on where the locus of power lay in the new constitution, compare the articles that define the powers of the three branches: Article I, the Legislature, has 2,268 words. Article II, the Executive, has 1,025 words, while Article III, the Judiciary, has a mere 377.

The Founding Fathers went to great lengths to divide the powers and put in place checks and balances so that mob rule and demagogues would not take hold of the government and bring about tyranny.

One of those checks was the Judicial Branch:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Alexander Hamilton assured all and sundry that the judiciary would be the weakest branch, writing in Federalist 81:

It may in the last place be observed that the supposed danger of judiciary encroachments on the legislative authority, which has been upon many occasions reiterated, is in reality a phantom.

He stated that a judicial usurpation of the legislature could not happen:

This may be inferred with certainty, from the general nature of the judicial power, from the objects to which it relates, from the manner in which it is exercised, from its comparative weakness, and from its total incapacity to support its usurpations by force.

This, combined with Congress’s ability to impeach judges for judiciary encroachments, said Hamilton, would be sufficient to keep judicial usurpation from occurring. Hamilton was responding to the writings of Judge Robert Yates, who warned of a rapacious judiciary in Anti-Federalist No. 78.

Hamilton was wrong, and Yates was right. 

Within a very short time, Hamilton’s error and Yates’ prescience became clear. Marbury v. Madison established Judicial Review in 1803, taking for the Court the ability to invalidate a law it deemed in conflict with the Constitution. Although the court would use that power only twice over America’s first 70 years, it would do so 50 times over the subsequent 75 years and over 125 times in the last 90 years. That trajectory not only reflects the extraordinary growth in the areas of American life into which the leviathan of government has inserted itself, but it also reflects a far more activist judiciary.

And how can we tell? Look at nationwide injunctions. Judges issued six nationwide injunctions against George Bush over eight years—one per every sixteen months he was in office. Barack Obama was the subject of 12 or one every eight months. In Trump’s first term, judges issued 64 nationwide injunctions, or one every 22 days. After he left office, the courts retreated, with Joe Biden getting 14 or one every three months. Now, in his second term, Trump has received 12 in only six weeks; that is, one every four days. Meanwhile, in the single four-year period of his first term, he faced more of these injunctions than every president in the previous 60 years combined!

But the thing is, injunctions are found nowhere in the Constitution. Nonetheless, with almost 700 federal judges, activists can easily find fellow travelers who are more than willing to do their bidding. It’s no coincidence that the judges who have issued many of the injunctions against Trump’s executive actions have ties to hardcore leftists:

Using injunctions, a radical leftist cabal is attempting to thwart President Trump from doing the job he was elected to do, which is to enforce and execute the laws of the United States. He should not allow them to do so. Unfortunately, impeachment is not the answer because there is zero chance of getting a conviction, with half the Senate applauding the judge’s actions.

The first thing Trump should do is ignore the order. This will force SCOTUS and/or Congress to act.

The second thing he should do is strongly encourage Congress to act, regardless of what SCOTUS does. (Or doesn’t do given the Manchurians Roberts and ACB.) Congress has the ultimate constitutional power to define the courts’ jurisdiction, whether granting or restricting it. They should eliminate or restrict federal judges’ ability to issue injunctions in general or, at a minimum, prohibit nationwide injunctions.

The Founders created a system of checks and balances that has served America well for most of her history. But that system only works when the three branches remain true to their nature.

You can argue that Congress has given too much of its power to the regulatory state, but that’s a case of one branch willingly, if foolishly, ceding power to another. In the case of the Judicial Branch, we’re seeing something different. Activist judges across the country are asserting that they basically have the power to micromanage how the Executive Branch carries out its constitutional duties. They don’t, but that doesn’t matter if the Executive Branch allows it to become reality. And the reality is, they’re using Chief Justice Roberts’ treacherous “normal appellate review process” framework to run out the clock on President Trump’s term.  And Trump knows it.

In 1832, in reaction to Worcester v. Georgia, President Jackson is said to have announced: “John Marshall has made his decision; now let him enforce it!” Donald Trump should state unequivocally that he will not allow activists masquerading as jurists to hijack the proper functions of the Executive Branch. Americans, like Jesus, Ambrose, and Jackson did, understand there are separate realms of governing, and for good or bad elected presidents execute the laws, not judges.

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Wednesday, April 17, 2024

Leftists in the Justice System Should Pay For What They Unleash On Society...

When I was 12 years old we moved to the Navy base on Guantanamo Bay, Cuba.  We moved in the summer and by the time school started I’d made friends and was feeling pretty comfortable.  One day during the first week of class I was sitting in the back of Mr. Scroch’s Social Studies classroom before he arrived.  While we waited some friends and I were messing around, throwing erasers at one another and calling each other names.  Then we noticed a man sitting in the front row.  We immediately settled down but I remember ducking my head and yelling something to the old guy about how he must have failed a lot to be there with us.

Moments later Mr. Scroch walked in the door. After he and settled his desk the man in front stood up, pointed out the three of us, and said “Mr. Scroch, would you please send these three gentlemen to my office at the end of the day.” As my eyes bugged Mr. Scroch said, “Students, I’d like to introduce our vice principle, Mr. Andrews.”

We dutifully went to Mr. Andrews’ office after school and somehow, inexplicably, I found myself laughing at him when he asked if we thought we were funny. I protested that class hadn’t started yet but he was having none of it.  He then called my dad to come pick me up.

And that’s when I learned something about the military, or at least how it was decades ago.  Apparently, when you’re a kid in a military family, particularly when living on a military base, your dad is held accountable for your actions.  Basically it’s his job to keep you in line, and if he can’t do that then his career can be impacted.

Although this is where things get a bit blurry as to my actual punishment, what’s not blurry is that I learned that having your dad called to pick you up from school was a bad thing… and I don’t think he ever had to again…From that point forward I knew that I was being held responsible for my actions, and I behaved accordingly.    

Clearly, forty some years later, that lesson stuck:  Actions have consequences.

Sadly however, that lesson doesn’t apply so much today.  At least not everywhere.

One place it often does is the private sector.  Doctors have to carry mountains of insurance in case they make a mistake and someone dies or is harmed by them.  Architects carry insurance in case one of their buildings collapses. Supermarkets carry insurance in case someone slips in the produce isle and breaks their arm.  And you and I and most Americans carry car insurance in case we run a red light and T-bone a Chevy Impala at the corner or First & Main.  Americans, eschewing Shakespeare’s advice to “Kill all the lawyers”, are a litigious people.  Why?  Basically because – other than a sizable army of grifters – most Americans think one should be held responsible for one’s actions.

But you know where that rule almost never applies?  Government.  From politicians making promises they break as soon as they take their oath to schools that fail to teach students to a Pentagon that can’t seem to account for $220 billion in gear, someone could write a book about all of the failures of government driven by incompetence and negligence. 

While there is no dearth of examples of government being unaccountable for its actions, there is perhaps one place where government accountability should be the rule more than any other:  the Judiciary.  In particular, District Attorneys, parole boards and judges as they relate to violent criminals. Unlike when the Pentagon loses a hammer or when a transportation department builds a road to nowhere, when criminals are let back out on the street to terrorize citizens, there are real consequences for real people. But regardless of the gravity of those consequences, the people who created that circumstance are never held accountable.

We see it almost every day across the country, where some career criminal with a rap sheet as long as your arm kills someone or rapes someone or pushes someone in front of a train and we soon discover they were let out early on parole or were sprung via a laughably low bail or walked out of a jailhouse after no bail was required. 

Invariably those failures result in blood on the streets or victims in a hospital or bodies in a morgue.  Those are real world consequences of decisions made by government employees who have no fear of themselves or their families suffering consequences for their bad decisions. And it happens all the time.  Prosecutors plea attempted murder down to assault and a judge sets a unconscionably low bail and suddenly a violent criminal is back out on the street.  And it happens from the other direction as well, when gullible parole boards believe professional liars when they promise they’re reformed and won’t reoffend and allow them out years early. 

Recently two members of an Illinois parole board resigned (not fired) after a convict to whom they granted parole murdered the young son of his ex-girlfriend the day after he was released. That’s news only because it almost never happens.

The solution to this problem is actually quite simple, although there is zero chance it ever gets implemented. What is it?  Accountability.  Judges and DAs should be held accountable for the crimes committed by the people they put back out on the street, at least for X number of years.  Same deal for parole board members.  They should be held accountable for the crimes of criminals they put out on the street for the duration of remainder of their original sentence. I’m not suggesting that they should face the chair if one of the thugs they put back on the street murders someone, but they should share some of the consequences of their bad decisions.  Perhaps getting fired with no pension, disbarment, some time in jail or something sufficiently painful so that they take their duties seriously.   

Now of course this won’t guarantee recidivism drops to zero. That’s impossible. But it might put “Fear of God” into the people in whom the public has put so much trust. 

No doubt there would be a great deal of pushback from “justice reform advocates”, defense attorneys and state and local treasurers, but regardless of the merits of their arguments, none outweighs the right of the public to be safe in their communities from known criminals. 

This may seem like a draconian solution, and like most hard fixes it would take some time to work itself out, but eventually judges, DAs and parole board members would hone their decision making skills so that they make decisions that are better balanced between the desires of the criminals for relief and the desire of the community for safety.  There is certainly a balance to be had between the rights of criminals and the safety of a community, but right now Democrats have put a bag of lead on the side of the criminals and citizens across the country are paying the price. This might just help bring the scale back into balance.