WHEN DID THE JUDICIAL BRANCH ASSUME ABSOLUTE POWER?
Feb 15, 2017 By: Lisa Payne-Naeger
Thank God that the focus in government has begun to highlight the rampant malfeasance of judicial branch. For decades Americans have been bickering and arguing over the legislative and executive branches while the judicial branch has been quietly building a wall around themselves and stacking the deck to obtain absolute power and autonomy, yes, autonomy in shaping the culture by legislating from the bench. And no one has been aware, unless of course, you have the misfortune to be dragged into it.
Now, with all the emphasis on the 9th Circuit, and its radical judicial activism, people are becoming aware of just how much power they have accumulated and sadly that they are nearly impossible to discipline, or eliminate when they “behave badly.”
Ed Martin lays it out here in this Newsmax piece. The judiciary was never meant to hold the authority it has assumed for itself.
After President Donald Trump signed an order stopping foreigners from entering America, there was general outcry from liberals. This was expected.
What happened next was expected too: the left ran to court seeking a like-minded traveler to enact their preference. They found him and, a few days later, a federal judge in Washington state decided that he would set national policy on foreigners entering America. He suspended the lawful action of the executive branch and imposed his own policy preference. His ruling, by his design, has national impact. At the least, the judge’s decree was overboard; at worst, it was extra-constitutional.
Happily, President Trump seems ready to face this judge head on and, as such, to take on one of America’s pressing problems: an out-of-control judiciary. It is high time.
As Martin and Phyllis Schlafly point out, the judiciary is full of oligarchs.
THE AMERICAN SYSTEM OF FEDERAL GOVERNMENT WAS DESIGNED TO INCLUDE, AMONG ITS THREE BRANCHES, A WEAKER BRANCH: THE JUDICIAL. WITH NO AUTHORITY TO RAISE ITS OWN MONEY AND NO AUTHORITY TO ENFORCE ITS OWN RULINGS, THE COURTS WERE SUPPOSED TO PLAY A VERY LIMITED ROLE. (BECAUSE IT IS INTENTIONALLY WEAK, THE JUDICIAL BRANCH WAS GIVEN SOMETHING THAT NEITHER THE EXECUTIVE NOR LEGISLATIVE HAS: LIFETIME TENURE FOR ITS MEMBERS.)
TODAY, THE FEDERAL COURTS, FILLED WITH TOO MANY BLACK ROBED OLIGARCHS, ARE COMPLETELY OUT OF CONTROL. THEY UPHOLD OBAMACARE ON MADE-UP GROUNDS; THEY MAKE UP DEFINITIONS OF LIFE AND MARRIAGE; AND THEY DECIDE WHAT FOREIGN POLICY THEY PREFER.
Maybe it’s more important to remember, and best for Americans to realize, that I-M-P-E-A-C-H-M-E-N-T is not a four letter word. In fact, impeachment for dereliction of duty, on a regular basis would go a long way to put a leash on these rogue judges and bring balance back to all three branches of government.
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Federal Courts Can Be Transformed by Donald Trump
Feb 15, 2017 By Joe Scudder
The New York Times reports that Trump has the opportunity to appoint many judges to the federal courts.
While attention has been focused on the Supreme Court, we should also consider other federal courts and the lasting impact that Donald Trump might have.
The New York Times reports,
After Jimmy Carter took office, Congress established 152 new federal judgeships, expanding the federal judiciary by nearly 30 percent and allowing Mr. Carter to stack the federal courts despite a presidency that lasted only one term.
Mr. Trump, through a combination of demography and a growing number of vacancies, stands to enjoy a similar windfall. Democrats have long accused Republican Senate leaders of obstruction in not allowing many of the previous administration’s judicial nominees to come to a vote. The most prominent example was the refusal to vote on Judge Merrick Garland’s nomination to the Supreme Court, but the tactic extended to Mr. Obama’s lower court nominees as well.
“Right off the bat, Republicans refused to approve anyone,” said Nan Aron, president of the liberal group Alliance for Justice. “So you know how important this is to the Republican Party.” Currently, 112 of the 870 authorized judgeships with lifetime appointments remain vacant — 33 have been vacant for more than two years.
John Malcolm, the director of the conservative Heritage Foundation’s Center for Legal and Judicial Studies, agreed with Ms. Aron’s characterization. “Mr. Trump has been given quite the opportunity,” Mr. Malcolm said, noting that there were about twice the number of vacancies on the federal bench as there were when Mr. Obama took office — “roughly an eighth of the judiciary.”
It’s not just vacancies. The federal bench has many judges who are older than 70. Federal judges are appointed for life, but at a certain combination of years served and age, they become eligible to accept “senior status,” a form of semi-retirement. If a judge enters senior status, that creates an open seat. Though it is highly unlikely, if all the federal judges who are eligible take senior status during Mr. Trump’s first term, he could appoint half of the federal bench.
What kind of justices will Donald Trump appoint? While nothing can be absolutely certain, Trump’s words upon announcing his Supreme Court pick give us reason to hope for the best.
Notice that Trump put emphasis on how he was being faithful to a promise he made to select a Constitutional judge for the Supreme Court. He plainly wants conservative voters to be happy with him. We have every reason to trust him to select conservative judges to fill those vacancies in the federal courts.
This should remind us of how thankful we ought to be that Donald Trump won this election. If he hadn’t we would be preparing for Hillary Clinton to transform the federal courts. We escaped a dramatic loss of the courts and of the Constitution for a generation.
While there is much else that we want Trump to accomplish during the next eight years, if for some reason he only manages to appoint good judges, conservatives will have succeeded.
Related previous posts on this blog