The Mar-A-Lago warrant illustrates the long-standing constitutional anomaly of letting magistrate judges sign search warrants.

The Federalist ^ | AUGUST 26, 2022 | PHILIP HAMBURGER

[E. Pluribus Unum]

The Mar-a-Lago search warrant is interesting not only because of the high office of the individual whose papers were seized but also because of the low office of the person who signed it. The warrant illustrates the long-standing constitutional anomaly of letting magistrate judges sign search warrants.

Leave aside how you feel about the former president. Leave aside what you think of January 6, 2021. Leave aside whether there was a good reason to issue the warrant. A more basic question is whether the Hon. Bruce Reinhart could constitutionally issue it.

Under the Constitution, a Search Warrant Must Be Signed by a Judge The problem is that Reinhart is a so-called magistrate judge. Many commentators have focused on his personal history and political leanings, but much more significant is that he is not really a judge.

To be precise, he is not a judge of a court of the United States. The judicial power of the United States is vested in its courts. In the exercise of this power, judges of those courts can issue search warrants. But a magistrate judge is just an assistant to a court and its judges. Not being a judge of one of the courts of the United States, he cannot constitutionally exercise the judicial power of the United States. That means he cannot issue a search warrant.

The full shift of the judicial power of the United States in criminal cases to magistrate judges has been relatively recent. Only since 1968 has Congress generally authorized persons other than real judges to exercise the judicial power of the United States in trying misdemeanors (although a defendant can still insist on being tried by a real judge when charged with more than a petty offense)...

[ptsal]

Already the time has passed when this fellow’s employment contract should have reviewed and terminated.

[heshtesh]

There’s no way he can do anything but fail upwards...........

[Old Retired Army Guy]

So, if Magistrate Judges can’t authorize Search Warrants, why is it being allowed???????

[1Old Pro]

So, if Magistrate Judges can’t authorize Search Warrants, why is it being allowed???????

Same reason we allow the FBI to influence elections and outcomes, nobody in Congress seems to care about reforming our corrupt government.

[logi_cal869]

Same reason we allow the FBI to influence elections and outcomes, nobody in Congress seems to care about reforming our corrupt government.

Correction: The left in Congress IS reforming the government in their image, and the right just looks the other way.

Until we start electing reps/senators after taking them aside and telling them privately "or else", nothing's going to change, particularly since the left has enriched their activists via all manner of corruption, including PACS, NGOs, special interests, destined-to-fail corporate entities (think 'green'), etc. to finance their little army.

[butlerweave]

If Congress was to reform anything then it would have to add term limits to itself so they stay away

[1Old Pro]

If Congress was to reform anything then it would have to add term limits to itself so they stay away

Yep, and once elected they immediately taste the fruits of American Royalty and never want to give that up.

[kvanbrunt2]

i didn’t finish the article yet because i have to laugh. There are more powers in administrative “courts” in this country that affect more people and the worst is now double in size. IRS guilty until proven innocent EPA “courts” Civil rights “courts” all with no rights for the person cited by them. and the anti right to travel traffic mafia “courts”

[Dr. Franklin]

i didn’t finish the article yet because i have to laugh. There are more powers in administrative “courts” in this country that affect more people and the worst is now double in size. IRS guilty until proven innocent EPA “courts” Civil rights “courts” all with no rights for the person cited by them. and the anti right to travel traffic mafia “courts”

It's called "the administrative state". For all of the hero worship here of Hamilton and the Federalists, Brutus and the Anti-Federalists have been proven correct. The federal government is a tyrannical regime that oppresses ordinary people and has done that by usurping powers never intended for the federal government. Trial by jury, in the common law sense, was long ago abolished, although most people aren't educated well enough to know it. The U.S. Postal Service, rather than being an efficient national monopoly, is anything but, and was used to rig the 2020 elections on a grand scale never before witnessed in the history of the United States.