Monday, February 6, 2017

Judicial supremacy BLOWS UP Trump's temporary 'pause'

Well, Trump's temporary 'pause' in immigrant travel across 7 'countries of concern' that the media (and unfortunately he) has referred to as a travel ban or 'Muslim ban' has all but fallen apart thanks to one of the progressives' greatest weapons: rogue judiciary.

 Starting Friday and through the weekend:


So, starting with a progressive Bush appointee, no less, and ending with the liberal 9th Circuit Court of Appeals by Sunday denying his appeal, they have dictated to President Trump, 'That's enough winning for you,' and have essentially dismantled this executive order.

Steve Deace questioned this morning if Donald Trump will be the one to put rogue courts in their place? But in doing so, he raises an even more profound question concerning the courts' jurisdiction (in bold):
CR: It didn’t take long for President Trump to run smack dab into the progressives’ weapon of mass destruction, and trust me this is only their opening salvo.

On Friday, a federal judge in Seattle decided he somehow had the authority to determine our immigration policy, despite the fact the Constitution grants him no such authority. Nonetheless, his stay against Trump’s ban of importing foreigners from seven countries dominated by Islamic radicalism was upheld by the Department of Homeland Security, which immediately ceased implementing the president’s instructions. Essentially nullifying one of the key issues that determined the 2016 election.

Because that’s what the American Revolution was all about, rebelling against “no taxation without representation” so we could have “societal transformation without representation” in its place.

Thus begins what is likely to be a reoccurring theme. Rest assured every time Trump is serious about keeping his promise to change the status quo in our government, the Left is going to find a federal judge somewhere to say that’s verboten, whether he/she has jurisdiction to say so or not.

You really can’t blame the progressives from playing their “trump card” against Trump already, because it’s worked for them for a generation. To wit:
  • When courts invented a right to kill your own kid, and then demanded it decreed nationwide, we took it. 
  • When courts invented a new definition of the Establishment Clause and shredded the First Amendment, and then decreed it nationwide, we took it. 
  • When courts invented a right for illegal aliens to have access to taxpayers’ money, and then decreed it nationwide, we took it. 
  • When courts invented a right to confiscate private property not just for eminent domain but economic development, and then decreed it nationwide, we took it. 
  • When courts invented a new definition of marriage, and then decreed it nationwide, we took it. 
  • When courts invented a new definition for words like “mandate” and “state exchanges,” and then decreed it nationwide, we took it. 
  • Currently courts are inventing a new definition of gender, decreeing it nationwide, and we’re taking it.
Soon — very soon mark my words — courts will invent a right to immigrate to America. And my guess is, unless Trump truly is the reincarnation of Andrew Jackson his supporters claim/hope he is, we’re just going to take that, too.

Begging the question exactly what insidious and ridiculous attack upon our life, liberty, and pursuit of happiness could the courts conjure up that would cause us to reject the progressive canard of judicial supremacy? Before the last syllable of our Constitution is erased by the courts for good, might there be some cause for us to once and for all say “you’re welcome to your opinion, but you’re not welcome to your own jurisdiction.”

And no, Mr. President, the courts aren’t going to wilt at the threat of being blasted on your Twitter account the way the elected political class has been prone to do. This is going to require a true reassertion of constitutionalism, separation of powers, and political courage that has been sorely lacking on the Right for decades now.

However, Mr. President, you can rest assured that if you’re not up to such a task you will eventually see your entire agenda — no matter how righteous and/or popular it may be — completely undone by what the Founding Fathers intended to be the weakest of the three branches. And now is not only the strongest, but the superior branch of government all others bow the knee to — including the will of the people.
So if the progressive Left's litigate attack dogs and court disciples react this way over something as simple as a 'pause', imagine how they'll go after everything else. Better make certain Constitutional t's are crossed and i's dotted when entering these battles. Moreover, as Deace observes, it's time to see the political courage throughout the other branches that it will take to reassert the constitutional separation of powers missing from America's governmental structure for what some would argue has unraveled over the past century.

Madison, Hamilton, Adams and others warned us of a rogue judiciary. Jefferson was frank about it: "Nothing in the Constitution has given the judiciary a right to decide for the Executive, more than to the executive to decide for them." Pretty clear what the Founders and Framers intended. It's time for the "shall hold their offices during good behaviour" clause of Article III Section 1 to be strictly enforced & properly determined that this has never meant lifetime appointment!

Related link: Next Trump Executive Order May Revise Visa Program

No comments:

Post a Comment