Free Republic

April 03, 2009, 2:00 p.m. Imperial Judiciary Goes GlobalBy the Editors In 2004, the Supreme Court sowed the seeds for a national-security upheaval when it ruled, in Rasul v. Bush, that war prisoners held outside the United States had a right to challenge their detentions in federal court. Last year, in Boumediene v. Bush, the justices continued the seismic shift, holding that the right they had invented in Rasul — a right extended to aliens whose only connection to the United States is in waging war against it — was somehow rooted in our Constitution. Thursday, the inevitable earthquake...

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...