It’s time to split up the 9th Circuit Court of Appeals
It is time to “repeal and replace” the 9th circuit.
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.
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 doesn’t 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.
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.
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.
Blackmail them. They’re no angels.