Posted on 12/20/2019 4:36:38 AM PST by SeekAndFind
To the delight of conservatives and dismay of liberals, President Trump is doing more to reshape the American judiciary than any president in recent memory. It’s viewed as a “lasting legacy” that will ensure more “conservative” rulings — constitutionalist ones, actually — for perhaps decades to come. Unfortunately, a full understanding of the Constitution and leftists’ nature informs that this is an unfounded assumption.
Illustrating the current transformation of the courts, The Daily Signal wrote last month that “‘[o]ne out of every 4 active judges on the U.S. Court of Appeals have been appointed by President Trump,’ says Adam Kennedy, deputy assistant to the president and deputy director of communications at the White House…. ‘And the average age is actually a full 10 years younger for these justices than under President [Barack] Obama.’”
All told, the president has thus far had “158 judicial nominees confirmed to the Federal bench,” WhiteHouse.gov informs, including “two Supreme Court justices, 44 Circuit Court judges, and 112 District Court judges.” This judicial transformation is historic — but it also can be made history. How?
Aside from the well-known power to impeach judges, Congress can also pack the Supreme Court. Yet it apparently has still another power, one little known: to abolish entire federal courts.
The only federal court mandated by the Constitution is the SCOTUS; as to “inferior courts,” Article III states that Congress “may from time to time ordain and establish” them, which it has often done. But implied is that what Congress can make, it can unmake; or, as the Legal Information Institute puts it, the Houses can both “expand and contract the units of the system” (emphasis added).
This is not just theoretical but has already happened:
(Excerpt) Read more at americanthinker.com ...
Can’t they report actual news....instead of creating a fairy tale.
~~~
Have you turned on CNN or MSNBC at all within the last 10 years?
Turn it on right now. Come back and tell me what is the first thing you heard them ‘reporting’. Then try to assess it’s factual validity and immediate newsworthy relevance. Odds are you’ll hear punditry, but with all the latest impeachment stuff going on, you’re actually liable to hear something resembling a ‘report’. Even still, if it is, it’s likely to be drenched in bias and above fore-mentioned fairy tale dust
So then, the Republicans are abolishing the courts they don’t like, when? Tomorrow? As someone above said, getting fatigued by the leftist bogeyman articles that present a nightmare scenario with no counter to said scenario.
“Beware!!! Democrats could do X.”
“oh no, what can we do?!?!”
“Oh, we have no idea what one can do, we just wanted you to: BEWARE!!”
This is not just theoretical but has already happened: Upset about outgoing president John Adams’s packing of the judiciary with Federalists, the Jeffersonians in 1802 repealed the Judiciary Act of 1801. They then abolished the courts the legislation had created. Moreover, no provision was made for the displaced jurists even though the Constitution guarantees judges lifetime tenure, and a challenge to this apparent omission was rejected by SCOTUS justice William Paterson. And that was that — and thus was a precedent set.
Read more: https://www.americanthinker.com/articles/2019/12/how_democrats_could_undo_trumps_lasting_legacy_in_the_courts.html#ixzz68elNvoW0
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Look, if the Democrats can get away with it, they will do it. In my mind, what they’ve already accomplished in weaponizing the IC and instigating a coup was more the stuff of unrealistic fantasy than simply packing the court. You sell them and their media stooges short at your own risk.
—Look, if the Democrats can get away with it, they will do it.-—
My point is they can’t. Imagining in a paranoid fashion that the Dems are all-powerful and can do whatever they want with a wave of their evil hands with no political consequences is silly.
Their motives are always curtailed by practical political realities.
I kind of like fewer Federal Courts, the Libs will be unable to get a like minded judge to legislate from the bench! 🤣
“There is no way the Democrats would vote their lawyer comrades off the federal gravy train. That will never happen.”
Keep in mind that while it would take Dim majorities in both the House and the Senate, it can be done. And, by abolishing an entire court and establishing a new one the sitting POTUS, if also a Dim, would be able to name all the justices of the new court - the entire court with lifetime Dim’s appointed. Yes, it could be done.
But modern U.S. history does not have the electorate electing one party to head all three branches of the federal government for long (more than two years) so it is not likely to happen.
We, Conservatives, have been talking about doing something similar for years - breaking up the ninth circuit court into two courts. We have political reasons, but there are practical reasons as well - the territory the ninth circuit covers California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, Hawaii and Alaska. That was O.K. “back in the day” when so much of the west was not as settled as it is today. The court docket of the ninth circuit is too crowded.
President Trump was not impeached, because the rats were to stupid to send it to the Senate. They are holding it until January 7th
“My point is they can’t. Imagining in a paranoid fashion that the Dems are all-powerful and can do whatever they want with a wave of their evil hands with no political consequences is silly.”
You are oblivious to what they’ve done for the past three years. Even when caught red handed, they’ve gotten completely away with it. It was against all odds that they weren’t successful in completing their coup, and it’s not over yet. You might think the weaponization of the entire IC, the coordination with foreign governments, spying on the president, the actual coup, coordination with their all encompassing propaganda allies, Gestapo tactics of intimidation, star chamber impeachment, complete disregard for the president’s associates and the president’s constitutional rights, etc., etc., etc., etc. is nowhere near as shocking or terrifying as reworking the courts but you would be wrong.
They’re not packing the Supreme Court, ok?
Come back to reality.
I can rest easy now on your assurances that the Democrats are above using any non traditional methods of achieving their aims. Glad to hear what I’ve witnessed the last three years is nothing that should concern me since the Democrats couldn’t possibly “just waive their evil hand” and subvert the constitution. Sure thing, silly me.
Doing something behind the scenes with shady bureaucrats and glow-in-the-darks in the hopes Hillary would win and it would never see the light of day is one thing.
Trying to substantially change the structure of the Federal government in public while trying to steamroll opposition is another kettle of fish entirely.
Their public shenanigans on impeachment have already turned against them. You think actually trying to do something like packing the Supreme Court is realistic? Sheesh. Come up for air.
https://en.m.wikipedia.org/wiki/Judiciary_Act_of_1869
Did the Supreme Court pass this? Did God give us this legislation? No, congress passed this act. Get your head out of the mud or wherever it is, and recognize how dangerous a Democrat party and its media allies are when they are hell bent on destroying the constitution.
Start with abolishing the sham privacy protection court, FISC.
Whatever. You’re arguing about what can technically be legally changed and panicking about the possibility.
I’m arguing about what’s politically impossible because the electorate and the enemies of leftists won’t stand for it.
Because YOU think something can hypothetically happen on legal technicalities, doesn’t mean it has a realistic chance in hell of happening. Sorry.
Praise be, you’ve decreed that we’ll never see a Democrat president with majorities in both houses again. That is ALL it takes. Where the hell were you and your decree twelve years ago?
It takes an electorate and a minority party willing to let them get away with it and not punish them at the voting both.
If that happens, the country is doomed anyway. Have a nice day.
Man, you sure haven’t been paying attention, have you? Damned depressing conversation that I pray I’m completely wrong about. Have a nice holiday.
This like lowing the level of consent for appointees will just push the country further toward Civil War. Packing the courts is likely to be one of the last straws thou, leaving the opposition factions with little choice but to rebel as elections will likely follow as the same lawless court endorses their gigantic efforts at fraud.
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