President Trump recently slammed the “Obama Judge” who stuck
down his order to block the mobile mob along (which media have called “the
migrant caravan) the United States’ southern border. In a rare move, United
States Supreme Court Justice John Roberts rebuked the President for his criticism
of the federal judiciary:
"We do not have Obama judges or Trump judges, Bush judges or
Clinton judges. What we have is an extraordinary group of dedicated judges
doing their level best to do equal right to those appearing before them. That
independent judiciary is something we should all be thankful for."
It’s understandable that the Chief Justice wants to counter any
disparaging condemnation that independent judges have gone rogue. Certainly, no
one wants to believe that one branch of government has abandoned its
responsibility to impartial governance.
However, that’s exactly what is happening under the Trump
Administration: social justice activism from the bench. Federal judges write
their orders imposing sweeping outcomes, the rule of law and supremacy of the
United States Constitution be damned! No one should delude themselves into
believing that the federal court system is rigorously, unabashedly transparent
and unbiased. John Roberts’ unforced error on forced judicial activism has opened
up the much-needed debate.
Sorry Chief Justice
John Roberts, but you do indeed have “Obama judges,” and they have a much
different point of view than the people who are charged with the safety of our
country … We need protection and security.
The President of the United States is not just chief
executive to enforce the law, but he is charged with the supreme responsibility
of protecting the rights of citizens and securing our nation’s borders from
foreign invasion. Progressive attorneys and liberal judges need to revisit
Article Four, Section Four of the United States Constitution if they have a
problem with the President’s role.
Indeed, many of these judges are acting like “Obama judges”
(not just the ones appointed by Obama): desperate progressives shoring up a Big
Government, anti-constitutional legacy at all costs. President Trump has been
repeatedly frustrated and delayed because of this rogue judicial supremacy.
Trump issued the exact same travel ban as Obama, relying on the previous order,
which targeted the same countries; yet Trump faced months of litigation as
lower courts aided and abetted the legal version of “The Resistance”. All of
this legal posturing is about re-litigating and defying Trump’s 2016 victory,
and it’s nothing short of sickening.
This encroachment of the courts against executive power is
not a new concern, either.
During the first months of the Civil War, President Abraham
Lincoln engaged in so-called extra-legal measures in order to save the country.
He conscripted an army without Congressional approval, and he suspended habeas corpus (a legal right which
requires that an arrested party to be brought before a judge to determine
whether they should be detained or released) in Maryland. Virginia had already
seceded from the Union, and if Maryland broke away, too, the federal seat of
government in Washington DC would have faced siege from all sides.
The United States Supreme Court formally intervened in 1861.
Slave-owning Chief Justice (and Democrat) Roger Taney ruled against Lincoln’s
suspension of habeas corpus in Ex
Parte Merryman. The
very partisan justice contended that the President had no authority to hold
individuals indefinitely during times of war. However, Article 1, Section 9,
Clause 2 of the United States Constitution clearly outlines that the habeas corpus writ can be suspended
during such times of national crisis. In the end, Lincoln ignored the corrupt ruling
which had interfered with his legal executive authority. President Trump should
consider following Lincoln’s example and disregard the decision undercutting
President Trump’s order to suspend asylum rules for the greater good of the
country.
Yet there’s more to Trump’s bold defiance to Chief Justice
Robert’s brazen, unjustified defense of the so-called independent judiciary.
Indeed, we have Obama judges, and even judges before that,
who have become comfy and arrogant in their power. They are issuing widespread
rulings to impose their views on how the world should work, what the government
should get away with, and not get away with, and how the United States
Constitution can mean whatever they want it to. Enumerated powers has turned
into expanded judicial tyranny, and it’s hurting our country.
This progressive impulse afflicts federal judges of all
rankings and background, whether installed by Republicans or Democrats. Power
tends to corrupt, and absolutely power in the hands of life-long judicial appoints
has corrupted a once-august institution deemed to serve as a check and balance
against government overreach.
John Roberts has no right to talk. When Obama publicly
chastised the United States Supreme Court for the Citizens United decision, Roberts said nothing. He upheld
Obamacare’s individual mandate, even though it clearly violated the interstate
commerce clause of the United States Constitution. Roberts even joined with the
bare majority to strike down the duly approved and enacted initiative process
when the state of California clearly defined marriage as between one man and
one woman.
Furthermore, contrary to Roberts’ partisan assertion, Trump
did not attack the independence of the judiciary, but rather he attacked its clearly
un-independent, incessantly partisan, anti-constitutional record—and he’s right
to do so. Unlike the unelected, unaccountable elites in our country, Trump says
what many of us are thinking, and without reserve or recrimination.
Indeed, we have an Obama-nized judiciary, one which seeks to
fundamentally transform this country, ignoring the Constitution and upending
the civil republicanism envisioned by the Framers. Fortunately, President Trump
has a more constitutionally conservative Senator majority at his disposal for
the next years. This majority ensures the rapid confirmation of
constitutionalist jurists who will not only slow down but reverse the judicial
tyranny tearing our country apart. While conservatives await the timely
retirement of Ruth Bader Ginsburg, they should welcome John Roberts’ removal.
Trump is making America Great Again, but that includes making the Supreme Court
Constitutional Again, a reform which the some of members defiantly resist.
No comments:
Post a Comment