Thursday, February 09, 2017

Court ends constitutional government by blocking Trump

The 228-year experiment with a Constitutional Republic took another step closer to ending today in a 9th Circuit Court of Appeals courtroom when a panel of three judges upheld a district court's decision that the president of the United States and Congress cannot control our borders.

So much for the idea that elections have consequences.

In upholding a law that forced people to buy health insurance, Chief Justice John Roberts wrote in 2012:
"Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices."
That marked the first time in my memory that the court admitted its powers are limited by the people.

On November 8, 2016, the people of 30 states and the second congressional district in Maine decided, among other things, that we should protect our borders.

They voted that way despite being called xenophobic, Islamophobic, and deplorable.

This was a policy decision. Not reviewable. The judges involved in this should be impeached for exceeding their authority.

There is no way every single district judge in America has the power or authority to make a policy decision affecting the national security of 320 million Americans.

The Supreme Court should make that perfectly clear. It should limit only to the D.C. Circuit the power of a temporary restraining order of this magnitude.

Indeed, only the Supreme Court itself should be allowed to issue such a TRO.

We voted for President Trump.

It is well past the time for the Democratic Party, its rioters, and its henchmen on the court got on with business of a peaceful transition of power.

I get that my vote for Trump upset the Establishment.

But they need to get over themselves already. Placing my safety in jeopardy to appease the George Soros worldwide, communist government is beyond the pale.

We are in a constitutional crisis. Only the Supreme Court can avert it by doing the hardest thing a man can do.

Voluntarily ceding power.

Elections had consequences in 2012.

They must have consequences today.

@@@

"Trump the Establishment" is an account on how the Establishment used the media to stop the Trump Train in the general election by constantly badgering him on personal issues, often petty. But Trump prevailed based on his abilities as a CEO, and his stances on the real issues of the economy and national security, which I also delve into.

The book is available in paperback at Create Space, or if you prefer or (via Instapundit) Amazon as a paperback.

Kindle will be available March 1.

This is the sequel to "Trump the Press," which covered the nomination. It is available on Kindle, or in paperback on Create Space.

25 comments:

  1. The obstructing judges are going to end up handing Trump more power than he had when they started. I wonder how they can get this stupid.

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    Replies
    1. Term limits for the Federal bench sound about right?

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    2. Here's a modest suggestion: Congress can divide the 9th Circus into two new circuits and add two new justices to SCOTUS. Trump will get to appoint them and the LibDem bloc on SCOTUS will become a minority. As a bonus maybe Ruth Buzzi Ginsberg will finally retire in disgust, giving Trump another appointment.

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  2. They're lefties, and just KNOW they are right.

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  3. I'm to angry to comment. While no lawyer, I started my young life as a Legal Assistant, and know that every word you have written about this is true.

    Pastor Jeremiah Johnson's prophecy told us, in 2015, that God would use President Trump to strip the masks off and shake the facades and expose all the evil hiding in our government .... I guess there are still many dark corners yet to be exposed. God bless President Trump and all who stand with him, and strengthen us with firm resolve.

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  4. This has been a problem since Marbury v Madison through Dred Scott, Plessy, and a host of other decisions made on political bases, so we aren't seeing the "end of constitutional government ". We're not at the point we were in 1861, but the Lefties think they can win something like that. They forget the aftermath of 1968.

    Trump can always say what's needed to be said since John Marshall - that the appellate courts have overstepped their authority.

    He can also start packing the Federal courts with Conservatives and we can all enjoy listening to the Lefties scream as they get a taste of their own medicine.

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  5. It will force the nuclear option now; very little question. The dimms lose on the next SC appointment, which will break to conservative balance on the bench.

    If I was State, I'd slow walk the crap out of the "you-know-who" crowd.

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    1. That's what I wrote a while back. The appeal cannot go to the SCOTUS now because a 4-4 tie, which is inevitable given the politicization of the Court, would leave the court of appeals decision in place. The appeal will have to wait the confirmation of Scalia's replacement, however long that takes.

      This case should have been a slam dunk even for a 1L student, but the 3 judge panel of the appeals court showed just how far they are willing to go to grab power away from the other two branches of government. The precedents were all there, some of them decided by the 9th itself. This decision castrates the presidency in more ways than one: if a case where the law is so clearly settled, as this one was, can be overturned despite the many precedents that consistently rule the same way, then no statute is safe from being reinterpreted to fit the court's whim.

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    2. That's a fair bet.

      Here's Russell's XO issued/signed today.

      "I invoke 8 USC § 1182 pertaining to undocumented aliens from the T7 countries identified by congress. This order shall begin immediately and last until removed."

      End of text.

      Take it to court.

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  6. I've said before that I think Trump thinking is not linear but rather that of strategy-trees or even webs ... I swear the guy's mind works in ten dimensions.

    Anyone who has blocked his travel restrictions knows that they own the next Islamofascist atrocity, and they know it. And they're rather quickly going to come to realize this, which may be what Trump is counting on to get other more subtle ant-terrorism actions thru.

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  7. See what I mean? The latest Tweet:

    "Donald J. Trump‏ @realDonaldTrump
    SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"

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  8. Link to the decision.
    http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf

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    1. Looking through the lengthy document, I found this gem; "The Government has pointed to no evidence that any alien from any of the countries named in the Order has

      STATE OF WASHINGTON V. TRUMP 27
      perpetrated a terrorist attack in the United States.7 Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all.8 We disagree, as explained above."

      I guess the shootings in Riverside and Orlando were locally derived hoodlums who had nothing to do with the countries listed in the 90 day ban.

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    2. The problem was that the Justice attorney did not point out those shootings when ask for examples. Fault goes to gov't atty.

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    3. No, that is NOT the problem. The government did NOT have the burden. Stupid judge (and stupid leftists) don't understand how this whole "separation of powers" thing works.
      ~Angie

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  9. "...Speakin' just for me, and some people in Tennessee... we got a thing, or two to tell you all." Charlie Daniels

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  10. Pat Buchanan makes some excellent points in his current column. There is only so far they can push us. We ARE armed.

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  11. 9th Circuit is also the court that said the fact that the state of California had an election and the electorate voted 53% to 47% to *not* allow same sex marriage (Prop 8) was irrelevant and that government officials could go ahead and ignore the dirty plebes and issue marriage licenses to gay couples. That's the decision that led to the left imposing its will re: SSM on the entire country after it (with other decisions from other circuits) went to SCOTUS re: Obergefell v. Hodges. See, it was for the unborn "children" of gay couples (never mind that "children of gay couples" are a biological impossibility, hence the lack of need for SSM) cried Justice Kennedy!

    Now I know people will think I'm a homophobe, but the fact is I don't really care about SSM. But I do care that the court said that actual voters did not matter -- that is even worse than ignoring the legislative branch (who are supposed to "make the laws") -- it was a direct vote by the electorate that the court said did not matter.
    Our republic ended then -- in 2009 -- not now. From what I'm seeing, Trump will be able to #MAGA. Destroying the activist courts who don't understand the separation of powers between the 3 branches is a huge piece to the puzzle.
    Rome wasn't built in a day -- takes even longer to dismantle it. Time is on Trump's side (yes it is). Gorsuch will be on SCOTUS soon. "Swing vote" Kennedy will retire to be replaced by a more consistent Constitutionalist and RBG can't last too much longer.
    ~Angie

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  12. Monty L. Donohew, American Thinker:

    "Most people forget that the USDC system is NOT a constitutional court system. It is a statutory system. Congress established the system, and grants to the courts subject matter jurisdiction, which Congress can remove. Are the people in the Trump administration prescient enough to invite a crisis in order to justify weakening a court system that it finds "obstructive" on several fronts?"

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    1. That would REALLY make the Progs wet their pants, Dave. Love your idea. I'll be firing off some e-mail to Capito, Manchin, and Alex Mooney here in just a bit.

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  13. The courts really should make an effort to consider popular will in their decisions. The fact is that they will ultimately lose their ability to influence the shaping and interpretation of law if they do not. This is what happened in ancient Greece with the gradual weakening into a state of near total irrelevance of the Aeropagus. It went from being a court of final appeal to a place for impotent speechifying.

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  14. The courts have no authority to issue a restraining order against the Executive. Ever. Period.

    The circuit court will require en bench review and run out the time of executive order. This it judicial tyranny. Trump must end this forcibly by asserting a Executive authority and ignoring the courts. Even if he fails, he should bring impeachment charges against the judges.

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  15. I predict there will a new executive order that "clarifies" the Ninth Circuits "concerns." There has been a battle over the separation of powers for decades. This is one more skirmish. This isn't over.

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  16. Perhaps President Trump is being quite shrewd in this matter. To get rid of an infestation of cockroaches you need to smoke them out. That's what this Executive Order is doing. Once we have a list of judges who have blatantly imposed their ideas over the rule of law we can impeach them. That goes for Supreme Court jurists as well, so President Trump could be making several new SCOTUS appointments in the near future. At the very least they should be fearing to tread on the U.S. Constitution.

    Article III Section 1

    "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,..."

    Disregarding the law and thwarting a President in his duties is not good Behaviour, and is obviously grounds for impeachment. It's time to clear the judicial benches and make room for Constitutionalist judges. If President Trump can pull this off it may be his greatest contribution to saving the U.S. - Elric

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  17. I would have loved to read a headline such as "Trump ignores extra constitutional ruling by judge."

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