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Activist Judges and the Overreach of Judicial Authority: A Case for Sedition and Treason
https://www.thegatewaypundit.com ^ | 3/16/2025 | Yaacov Apelbaum

Posted on 03/16/2025 7:28:23 AM PDT by bitt

Executive Summary

The balance of power among the three branches of government is a cornerstone of the United States Constitution.

However, activist judges have increasingly encroached upon executive authority, undermining the separation of powers.

When judges exceed their constitutional authority by obstructing or overturning executive actions without legitimate constitutional grounds, they not only overstep their role but may also commit acts tantamount to treason and sedition.

This essay explores the legal basis for holding such judges accountable, citing relevant laws, cases, and precedents.

The Constitutional Framework

Article II of the U.S. Constitution vests executive power in the President, granting him authority over the administration of federal agencies and the enforcement of laws.

Conversely, Article III establishes the judicial branch, limiting its role to interpreting the law rather than legislating or executing it. The principle of separation of powers is intended to prevent any branch from usurping the functions of another.

James Madison, in The Federalist Papers No. 47, emphasized that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.” When judges attempt to override executive decisions outside their jurisdiction, they disrupt this balance and engage in judicial tyranny.

Activist Judges and the Undermining of Executive Authority

The term “activist judge” refers to those who decide cases based on personal political or ideological beliefs rather than strict adherence to constitutional principles. Such judges have, in recent history, issued rulings that directly contravene executive orders, often without sound legal justification. For example:

Trump v. Hawaii (2018): The Supreme Court ultimately upheld the executive order restricting travel from certain nations, emphasizing the President’s broad discretion in national security matters. However, lower courts had previously attempted to strike down the order based on partisan interpretations, exceeding their constitutional mandate.

Texas v. United States (2015): A federal judge blocked the Obama administration’s Deferred Action for Parents of Americans (DAPA) program, highlighting the principle that executive actions must align with constitutional authority. Yet, numerous judicial interventions against executive policies have been politically motivated rather than legally sound.

When judges deliberately obstruct the execution of lawful presidential authority without valid constitutional grounds, they effectively engage in a form of insubordination against the executive branch.

...more


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: hangins; judges; judgewatch; judicialauthority; judicialoverreach; overreach; politicaljudiciary; rentagavel; rentajimmy
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1 posted on 03/16/2025 7:28:23 AM PDT by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

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2 posted on 03/16/2025 7:28:36 AM PDT by bitt (<img src=' 'width=30%>)
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To: bitt

We need to start locking up these Feral RATS in black-robes.


3 posted on 03/16/2025 7:30:10 AM PDT by FlingWingFlyer (The hate-filled DemonRATS are the greatest threat to America and Americans..)
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To: bitt

The Democrat party’s favorability rating is at 29% according to latest CNN’s poll, the lowest on record for the poll, which started in 1992.

https://www.cnn.com/2025/03/16/politics/cnn-poll-democrats/index.html


4 posted on 03/16/2025 7:37:37 AM PDT by CFW
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To: CFW

Democratic-appointed judges have ‘struck gold’ on how to NEUTER President Trump (and the Presidency)!


5 posted on 03/16/2025 7:41:16 AM PDT by volare737 (Diversity is something to be overcome, not celebrated.)
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To: bitt

in other words the judicial branch has been gaslighting the American people and particularly the American taxpayer, throwing qwap against the wall to see what sticks when they have ABSOLUTELY NO RIGHTS to pull this bull. “A three legged stool with one leg standing, one leg folding and one leg broken while each leg is determining the condition of the others is NOT what the Founders quite envisioned” L.Star. YOU decide which is which.


6 posted on 03/16/2025 7:43:21 AM PDT by Qwapisking ("The left will rue the day they cheated Trump out of the 2020 election forever" L.Star )
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To: bitt
What can be done? 1. Congress to impeach & remove is unlikely because it requires 2/3 Senate to remove. 2. House vote to eliminate certain federal courts. My understanding is that this only requires a simple majority vote. 3. Trump tell the activist courts that they are out of line and their 'decisions' will not be followed.

Are there other ways to rein in the lawless courts?

7 posted on 03/16/2025 7:43:36 AM PDT by JesusIsLord
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To: bitt

Roberts SCOTUS will go down in history as being a major contributor to the destruction of the rule of law in this country. Roberts is a failure for not controlling these lower court judicial activists.

I think Congress should pass a law that judges can be tried as accessories to murder if the result of their over reach results in the death of an American.


8 posted on 03/16/2025 7:44:21 AM PDT by McGavin999 ( A sense of humor is a sign of intelligence, leftists have no sense of humor, therefore……)
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To: bitt

The Judicial branch is like the Vatican — hopelessly compromised. Unwilling to discipline its members for violating the most basic tenets of ethics/law.
E.g., judges deciding not based upon law or the Constitution. This person should be demoted/suspended.
E.g., Priests engaging in sexual activity of any sort in direct violation to their oath to Gawd on celibacy. Ibid.

Organizations have, for their own personal protection, declined to judge. When something is noticed, they say: “Well, the organization failed them.” No, dammit! It was THAT individual that failed and YOU for not acting. All orgs are comprised of individuals and most members of orgs are too cowardly to discipline the individual.


9 posted on 03/16/2025 7:48:08 AM PDT by bobbo666
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To: McGavin999

You are absolutely correct BUT calling Robert’s a failure lets him off the hook IMO. He is not failing he is succeeding. His goals are just the opposite of what they should be. He is a traitor.


10 posted on 03/16/2025 7:48:53 AM PDT by 1malumprohibitum (I’m )
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To: All

As ClearCase_guy insightfully posted: we, the people, were “reassured,” that not only were Biden’s actions “presumed valid,” but it would be a “violation of the sanctity of the executive branch” to investigate, because his pardons are fully within the president’s official duties.


It’s kind of funny how this seems to work.

<><>we have a Democrat president diagnosed with dementia so his tax paid unelected staff do whatever they want, with no legal authority; it’s all valid, because it’s within demented Biden’s “official duties.”

<><>there’s a Republican president, winning big in a national election, fully in possession of his faculties, carrying out the will of the voters, but a judge gets to call the shots, gets to decide what is “permissible” within Trump’s Executive Branch. And so does the Supreme Court.


Call Congress: (202) 224-3121
U.S. House switchboard operator.

Shakeup Congress on social media.
copy to @potus, @realdonaldtrump @DonaldJTrumpJr @StevenCheung @TrumpWarRoom
Attach news clips, other relevant documents, links.

Message: We, the people, were “reassured,” that not only were Biden’s actions “presumed valid,” but it would be a “violation of the sanctity of the executive branch” to investigate, because his actions are fully within the president’s official duties. We demand DOJ investigate Biden’s cognitive decline and particularly his misguided use of the presidential pardon.


11 posted on 03/16/2025 7:49:26 AM PDT by Liz
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To: bitt

we see alot of talk and no action against these enemies of America, sick of this


12 posted on 03/16/2025 7:49:49 AM PDT by ronnie raygun
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To: JesusIsLord

“Are there other ways to rein in the lawless courts?”

************

Yes, the USSC could, but Roberts does nothing and lets democracy die in courtrooms.


13 posted on 03/16/2025 7:55:28 AM PDT by Starboard
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To: JesusIsLord

Congress can eliminate a district court with a simple majority. Wonder why Trump doesn’t ask Mike Johnson why they haven’t been doing this?

https://www.perplexity.ai/search/can-congress-eliminate-a-distr-H4hNSbF6QROdfGSDpsilog


14 posted on 03/16/2025 8:08:48 AM PDT by HYPOCRACY (Long live The Great MAGA Kangz!)
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To: bitt

So I believe only Congre$$ and SCOTUS could stop this madness but they seem to be too busy doing zzzzzzzzzzzzzz.


15 posted on 03/16/2025 8:10:18 AM PDT by antidemoncrat ( )
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To: bitt

Power is for those bold enough to seize it.

If Trump 2 is like Trump 1…..

Our adversary is more than willing to exercise the authority we’ve allowed them to take.

IMHO, Trump Administration must flex some muscle in 3 areas. Against the far left progressives, activist judges, and the “spontaneous protestors”.

Failure to take control will lose supporters and embolden the enemy.

While there has been mostly positive news since inauguration, an utter failure by Bondi and any forceful collective response in those 3 areas is a concern to many, as measured by my following of X.


16 posted on 03/16/2025 8:16:22 AM PDT by Professional ( )
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To: JesusIsLord

Inferior courts and their judges can be restricted in the types and numbers of cases they are allowed to hear, and can be required to undergo remedial education.

The entire legal profession is insistently lying that the only discipline for judges is impeachment or minor discipline by other mostly political activist judges.

SCOTUS failing at its supervisory responsibility is the problem.

https://www.supremecourt.gov/about/circuitAssignments.aspx


17 posted on 03/16/2025 8:18:35 AM PDT by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: JesusIsLord

Inferior courts and their judges can be restricted in the types and numbers of cases they are allowed to hear, and can be required to undergo remedial education.

The entire legal profession is insistently lying that the only discipline for judges is impeachment or minor discipline by other mostly political activist judges.

SCOTUS failing at its supervisory responsibility is the problem.

https://www.supremecourt.gov/about/circuitAssignments.aspx


18 posted on 03/16/2025 8:18:36 AM PDT by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: JesusIsLord

The executive branch can ignore rulings which violate the constitution.

Congress can remove justices from office who rule in violation of the constitution.

SCOTUS can over rule justices who violate the constitution.

Who will act first?


19 posted on 03/16/2025 8:19:52 AM PDT by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: JesusIsLord

“What can be done? 1. Congress to impeach & remove is unlikely because it requires 2/3 Senate to remove. 2. House vote to eliminate certain federal courts. My understanding is that this only requires a simple majority vote. 3. Trump tell the activist courts that they are out of line and their ‘decisions’ will not be followed.
Are there other ways to rein in the lawless courts?”

#2 is the option to start using. Just start dissolving courts.


20 posted on 03/16/2025 8:25:06 AM PDT by Fai Mao (All Democrats need to go to prison.)
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