Can’t President Trump order the DOJ to investigate the 9th Circuit?
Investigate it for what? What else do we need to know? Just break-up the Ninth Circus Court of Anarchists.
There can be no examination of judges other than Impeachment proceeding and that has happened once early in our history-Justice Chase. He was not convicted. Separation of Powers as per the Constitution.
Congress can impeach, or break up the Court. Executive branches (local, state, federal) can investigate crimes, but only Congress can remove from the bench
Relevant issues regarding federal courts including SCOTUS and the 9th Circuit include:
1) Federal courts can and should overturn unconstitutional laws and federal acts but the decision should be based on sound analysis and application of the Constitution as written and originally understood and intended.
2) Other branches AND the states can and should nullify and reject unconstitutional federal court decisions but, again, their notification should be based on sound constitutional analysis and application.
3) The constitution gives both Congress and POTUS investigative powers so either Trump or Congress could investigate the 9th Circuit but IMO, only if probable cause existed for “Treason, Bribery, or other high Crimes and Misdemeanors”, the Constitutional standard for impeachment and removal (U.S.Const. art. II, sec. 4).
Here, Trump has clear constitutional authority to prevent invasion (art. IV, sec. 4 - the “Guarantee Clause”). Illegal immigration and immigration of our enemies are invasion. Trump’s EO here is NOT a “travel ban”. It would have helped if Trump had cited the Guarantee Clause as the main basis of authority for his EO’s but Trump certainly has constitutional authority to proceed with his EO3 invasion ban regardless of unconstitutional court interference.