Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

President Trump and the Runaway Judiciary: The Founders Have Provided the Remedy
American Thinker ^ | February 15, 2017 | Steve McCann

Posted on 02/15/2017 5:03:31 AM PST by Kaslin

Recently, a rogue U.S. District Court Judge issued and a panel of the Ninth Circuit Court of Appeals affirmed one of the most egregious judicial decisions in American history, dramatically undermining and thus relegating the issue of the sovereignty of this nation to the courts and unelected judges. This was the culmination of decades of ever expanding judicial activism enabled by the failure of Congress to enforce its prerogatives and rein in this runaway usurper of political power. The matter of the supremacy and influence of the judiciary in a representative republic has been an issue of contention since this nation’s inception, as the founders, while geniuses in their overall concept of government, erred greatly in the creation of an unaccountable Judiciary by relying on a factious Congress to serve as a check and balance on a co-equal branch when necessary.

A major issue of debate during the Constitution ratification process in 1788 was the structure, power and control of the Judiciary. The issue was twofold: 1) the degree of independence and the level of accountability of federal judges; and 2) Judicial Review of laws and statutes passed by Congress.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Culture/Society; Editorial; Government; Politics/Elections
KEYWORDS: ninthcircuscourt
Navigation: use the links below to view more comments.
first 1-2021-33 next last

1 posted on 02/15/2017 5:03:31 AM PST by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

The Trump administration can do what the Jackson administration did. Simply ignore them. Jackson challenged them to enforce their ruling.


2 posted on 02/15/2017 5:15:04 AM PST by crz
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin
President Trump and the Runaway Judiciary: The Founders Have Provided the Remedy

I've read that... somewhere...


We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. —

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. —

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.

To prove this, let Facts be submitted to a candid world.

 

 

3 posted on 02/15/2017 5:18:40 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

How true..how true.


4 posted on 02/15/2017 5:18:53 AM PST by Don Corleone (.leave the gun, take the canolis, take it to the mattress.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: crz

When in the middle of a river, do not insult the crocodile.
A Baoule proverb


5 posted on 02/15/2017 5:19:16 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

We should just ignore them and force a constitutional crisis. The congress will not impeach DJT.


6 posted on 02/15/2017 5:20:58 AM PST by RC one (The 2nd Amendment is a doomsday provision, one designed for those exceptionally rare circumstances)
[ Post Reply | Private Reply | To 1 | View Replies]

To: crz
The Trump administration can do what the Jackson administration did. Simply ignore them. Jackson challenged them to enforce their ruling.

With never Trump republicans in congress we may see a serious attempt at impeachment and removal if Trump pulls a Jackson

7 posted on 02/15/2017 5:24:00 AM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: crz

President Trump needs to force Congress to reign in the Judiciary.


8 posted on 02/15/2017 5:25:34 AM PST by Louis Foxwell (The Left has the temperament of a squealing pig.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Under the explicit wording of the constitution, the Federal judiciary only has jurisdiction over the things congress gives it jurisdiction over. Congress has the constitutional power to withhold jurisdiction from the federal courts over anything it desires. The solution to this is for congress to remove all jurisdiction over issue of immigration from the federal judiciary.


9 posted on 02/15/2017 5:27:36 AM PST by circlecity
[ Post Reply | Private Reply | To 1 | View Replies]

To: RC one

They should be ignored like unruly children that they are.


10 posted on 02/15/2017 5:31:00 AM PST by Kaslin ( Start by doing what's necessary; then do what's possible; and suddenly you are doing the impossible)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Kaslin

Very well written article. The wisdom and foresight of the Founders is incredible.

Some of here have been yelling and screaming for the REPUBLICAN-controlled Congress to man up for several years now. But they simply will not step up to the plate.


11 posted on 02/15/2017 5:33:32 AM PST by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Jackson was right.

The branches of the federal government are all three not just separate, but independent in the powers accorded them, UNLESS AND EXCEPT WHERE one, by their action and acceptance of the others restricts the action of another.

So, yes, just like Presidents grabbing power via executive orders not granted to them by the Constitution or the law, and how it takes a Congress acting to impeach them to prevent it, it takes a President defying judicial over-reach, with Congressional backing, to stop judicial activists trying to “enforce” their political agenda.


12 posted on 02/15/2017 5:50:07 AM PST by Wuli
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Well dmnit do something. As it stands now non citizens have a “right” to come into the country because the 9th circus said they do.


13 posted on 02/15/2017 5:50:56 AM PST by gibsonguy
[ Post Reply | Private Reply | To 11 | View Replies]

To: Louis Foxwell
The Judiciary relies on the Executive for enforcement of any decisions they make and it's time the courts were reminded that the branches are meant to be co-equal. Let the Ninth Circuit hold Trump in contempt. It will be fun when he replies that "contempt" isn't a strong enough word for how he feels about them.

Speaking of words, the English words "rein" and "reign", and "rain" for that matter, seem to trip up a lot of people. So, not to rain on anyone's parade, or reign over folks as some sort of grammar czar, but people ought to rein in their over reliance on Spell Check.

14 posted on 02/15/2017 5:51:42 AM PST by katana
[ Post Reply | Private Reply | To 8 | View Replies]

To: RC one

Don’t count on that


15 posted on 02/15/2017 5:59:35 AM PST by Nifster (I see puppy dogs in the clouds)
[ Post Reply | Private Reply | To 6 | View Replies]

To: MichaelCorleone

Well, I have a slightly different point of view:

I’ve printed out this article, and I intend to send it to my City Council .. who just joined the lawsuit against the President’s LAW.

And, in the meantime, I’m also going to send it to all my local news outlets, along with my local newspaper; along with a copy to my Mayor (who knows who I am).

I’m mad as hell. These people have in effect just told me (an American Citizen - living in this City for over 25 years) that my safety in this City is not their priority; and if terrorists come across the border and harm me .. they don’t give a damn.

I hope to start a firestorm .. and maybe a few of them on the Council will change their minds.


16 posted on 02/15/2017 6:11:11 AM PST by CyberAnt (Peace Through Strength)
[ Post Reply | Private Reply | To 11 | View Replies]

To: crz

I would prefer something more pro-active and confrontational.

President Trump should have the judges arrested and thrown in jail for exceeding their authority.


17 posted on 02/15/2017 6:24:27 AM PST by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: CyberAnt

I’m not clear on how your point differs from mine.


18 posted on 02/15/2017 6:28:27 AM PST by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: MichaelCorleone

This is why I’m done with them!
Republiturds.


19 posted on 02/15/2017 6:29:42 AM PST by bantam
[ Post Reply | Private Reply | To 11 | View Replies]

To: Kaslin

Bookmark


20 posted on 02/15/2017 6:41:00 AM PST by Mase (Save me from the people who would save me from myself!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-33 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson