Posted on 02/05/2017 10:04:05 AM PST by VitacoreVision
It’s time to split up the 9th Circuit Court of Appeals
It is time to “repeal and replace” the 9th circuit.
Amen To That!
That is EXACTLY what I have been saying for years!!
The entire West is held hostage to this San Francisco far left Star Chamber.
Break it up. Add a circuit for the Intermountain West - Arizona, New Mexico, Colorado, and Utah - and then another for the Northwest - Washington, Oregon, Idaho and Montana.
And while we're at it, make the Supreme Court a product of the circuit courts: one Justice each from each of the circuits. That way we don't end up with the Bolshevik Lawyers club of New York City that we have now.
This article promotes two ideas:
I supported the Federal Marriage Amendment and lost interest in Fred Thompson as a Presidential Candidate when he thought it best to leave this to states, ignoring the judicial threat that would lead to. A political solution that set the standard that the court must uphold was the ideal solution. Perhaps it was too hard to implement.
But I'm not sure preemptive restriction of the courts is a good solution for the current problems. How many issues need preemptive restrictions? Where does it end?
Neither is court elimination. Sure, who wouldn't love to see the 9th circus disbanded. But are we going to eliminate courts every time a judge or set of judges become problematic? Is it the court structure or the judge that is the problem?
I maintain it's the judge. I think the Executive needs an office of judical review that evaluates the rulings of controversial judges, puts together a case for their impeachment and submits it to Congress.
Impeaching judges requires more votes that eliminating courts. But it is the judge that is the issue. And impeaching judges puts all judges on notice.
Eliminating courts may be the easier path, but it's a path that probably needs to be closed. Sure we could eliminate the 9th circuit. And when democrats are in power that could eliminate the entire court structure and rebuild it in their image, staffing it completely with their pics.
And that is a danger that exists unless we close that path. We need to make it as hard to eliminate courts as it is to impeach a judge.
Pray.
If some of these people can only be removed by death or quitting, we need to pray that GOD would remove them however He sees fit.
Then Trump can install his own.
Who splits it up? Sounds good.
Brilliant dissection in a brief article of the historic roots of the growth of judicial power by judicial assumption of powers not named in the Constitution nor anticipated by the Founders. As brilliant as our Founders were at anticipating problems and trying to provide for a checks and balance system, they never anticipated a Judicial coup by John Marshall.
However illegal or exta-constitutional that assumption of the power to review our laws by interpreting the Constitution may be, the idea that Congress is able or likely to limit them is minuscule. That ship sailed with Marbury vs. Madison and thousands of precedent in opinions by the Federal judiciary without a response by the Congress.
Without some form of Constitutional Amendment, the political nature of our parties will come forth every time a judicial appointment of importance is made at any level of the judiciary.
Most in Congress lacks cajones. Trent Lott, Bob Dole, Mitch McConnell, and also those who choose them... and also many Democrats.
They intentionally write laws that are vague, that they think are unConstitutional, that include words like reasonable which mean reasonable to the swing vote on the court.
Spineless Congress Critters yield their power to the other branches.
This doesnt sound like the role envisioned by the founders.
No it isn’t. But it was begun by Leftists who have since admitted that their decision (Roe v Wade) had NO BASIS IN LAW but was the “right” thing to do none the less. It continues today.They’re playing CalvinBall and we are afraid of confronting this truth. If Trump doesn’t have a game plan to counter this then they have figured out how to beat him.
Can it be done? And if does President Trump have the right to select or install judges?
Of course it can be done. The congress could wipe all the courts below SCOTUS as the article said an replace the whole district system. But what it comes down to is courage. And this is the reason that the 17th amendment must be repealed and give the states legislatures back the role of appointing the Senators. Now the senators have to answer to the voters instead of the states
At the risk of being accused as a 'conspiracy theorist', consider the plans the dems MAY have had when they assassinated Scalia. The ONE good thing I can credit Mitchie McConnell with is NOT moving Garland's nomination through the senate.
Ultimately, Congress will have to decide whether it supports the President upholding and executing its own legislative acts.
One can only imagine the constitutional crisis that would unfold if Congress attempted to impeach Trump over contempt of court resulting from an order that directly contradicts a law passed by Congress.
That's why Trump is going to win - he has logic and the law on his side.
Sure they did - it was discussed extensively in the Federalist papers. In fact, the issue of judicial review predates the US and dates back to the English civil war.
However, it's extremely telling that while the Constitution goes into almost minute detail about certain operating functions of government, it's incredibly brief about the court.
The SC asserted its right in Marbury, and it's been honored through custom and tradition since. But there has always been a presumption of unity with respect to nat'l security.
However, consider what would have happened if the SC had opposed Lincoln in the conduct of the Civil war? That's where we're going with this if the courts attempt to force the issue.
Very interesting article. Thanks for sharing. I hope the Trump team understands this fully. While it would ultimately be Congress that would have to start this process, Trump can obviously have a lot of influence on them.
If the State attorney general believes, as shown by a written opinion, that the law is valid notwithstanding the court's opinion, then the State should continue to enforce the law.
Under the Constitution, Article I, section 1, "All legislative Powers herein granted" are vested in Congress, which means that NO legislative powers are vested in the Courts. Amending or repealing a law is a legislative function, which the federal courts may not properly do.
Support Justice Moore.
The cowardice displayed by the U.S. Congress regarding the courts overreach and unconstitutional rulings is a trait shared by the states’ governors and legislatures. The latest act of cowardice was evidenced by lawmakers at all levels of government when they simply rolled over when the USSC declared the legality of same sex marriage. That unconstitutional declaration was allowed to override the laws and constitutions of several states. Of course the worst and most unconscionable and unconstitutional decision to come out of the USSC was Roe vs Wade. All legislative bodies in the country rolled on that one and they’ve been rolling ever since.
Nothing prevents a president from presenting to Congress a case for impeaching a judge.
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