Tuesday, August 7, 2018


In an interesting upholding of the new tradition of single low level judges overturning the President's orders issued under his Constitutional authority, a dipshit judge in Washington DC has ordered that the illegal and unconstitutional DACA dreamers BS be recommenced immediately. To use a famous internet misquote, Winston Churchill would have said, This is something up with which I will not put.
To begin: federal judges have no authority -- none -- to countermand an executive order issued by the president of the United States in the lawful pursuit of his executive function under Article Two of the Constitution. And yet, so out of line has the lesser judiciary -- that is to say, every federal judge below the Supreme Court level -- become that we have now arrived at this blatantly unconstitutional pass.
Go to the link to read the piffle and nonsense in this case. It will only take a moment.
Bollocks. As I've frequently noted on this site, the lower federal courts are entirely creations of Congress, and thus subordinate to it. And they certainly have no authority over the executive branch, other than that which they have aggrandized unto themselves via Marbury v. Madison and other rulings of dubious constitutionality. The notion that the three enumerated branches of the federal government are "co-equal" is a polite fiction to disguise the fact that the Supreme Court (Article Three) is the last and least of them, and can be stripped of all jurisdiction except its enumerated powers any time Congress so ordains.
The President is every bit as much the arbiter of the Constitution as is the Congress or the Supreme Court; if Trump's ready to tackle the problem of the runaway federal judiciary, this would be a great test case. Because, sooner or later, it's a battle that needs to be fought and won if the constitutional balance of power is to be protected. To paraphrase Andrew Jackson, "John Bates has made his decision -- now let him enforce it."
Mr. President, I vote for war.


virgil xenophon said...

Yes indeed. At the sound of the whistle I'm ready to go "over the top" my Captain!

HMS Defiant said...

We're gonna need a bigger whistle. I hope that President Trump takes this to the limit with both the supreme court and congress.