The worst fears of some of our Founders have come to pass. We’re now watching the destruction of our Country through nothing more than the threat of judicial tyranny. Every time our President even speaks about actually doing his job, the first thing that happens is that he is threatened with a lawsuit being filed to overrule his actions. You know this was never the plan. What happened to “Three co-equal branches of government”? How is it that the one branch, last established in the Constitution, has become the one to hold power over the first two? It’s time for the Legislative and Executive Branches to return the Judicial Branch to the box it was supposed to be kept in.
We don’t have to look any further than what is happening right now with the President and the “Shut-down” (which isn’t really a “shut-down” but we’ll play along for the moment) and the “Wall”. We have to go back to 1976 to get to the present. In 1976, a Democrat Congress passed H.R 3884- National Emergencies Act, and it was signed in to law by Republican President Gerald Ford. This is exactly as the government is designed to work. You can find the full text and history of the law here- https://www.congress.gov/bill/94th-congress/house-bill/3884 Since the law was passed, various Presidents have used the law to declare multiple “National Emergencies”, 58 total as of January 2019, and 31 of those are still in effect. I bet you didn’t know that? And I can’t find where a single one of these 58 declarations have ever been challenged in any court.
But now, since President Trump is EVEN talking about the possibility to use this often used law, to declare the invasion of our Country through our Southern Border a National Emergency and proceed with what is proper and necessary to start resolving the emergency, what is happening? Multiple officials are already saying that if he dares to do so they will file a lawsuit to keep him from doing his job. And they will surely find a criminal in a black robe in a Federal District Court somewhere to allow the suit to be filed and probably issue a ruling enjoining the President. And for what seems like the umpteenth time since President Trump took office, he will be stymied and delayed in doing his job by judicial overreach. It’s time for this to end.
So, what do I suggest that should happen? First, in a case like this, I would advise the President to ignore the Court. As long as his Counsel is certain that what the President is doing is in proper accordance to what the National Emergencies Act states and allows. I mean, what is the Judge going to do, order the arrest of the President? I’m still trying to figure out how it is that a single Federal District Court Judge can obstruct the duly-elected President of the Country from properly doing his job? But that’s a whole different discussion for another time.
Next, a Member, or Members, of the U.S. House of Representatives need to file proper Articles of Impeachment against the Judge. Unlike the need to prove the commission of a High Crime or Misdemeanor, like in the Impeachment of any Executive Branch Official, it is only required that the Judge be shown to have not acted in “Good Behaviour”, which is totally subjective in the opinion of the Member(s) filing the Articles of Impeachment. This should have been done multiple times in the past when a lower court Federal Judge acted improperly and we would have never reached the point we’re at today. And I’m pretty sure that once a few of these lower court “criminals in black robes” are removed, or at least publicly and properly admonished for their actions, we will see an end to the whole practice of “judge shopping” and judicial tyranny. At this point I now defer to one of those brilliant Founders of this Republic-
“The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.” – James Madison
God Bless America! And America, please Bless God again!