We’ve all seen the statistics. Rogue federal district court judges, virtually all appointed by Democrat presidents, have flung a blizzard of nationwide injunctions at Donald Trump, far more than “X” number of former presidents combined. I include no speculative numbers because I’m sure more are being issued as I write.
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This is one area where the Founders may have made a mistake. The Supreme Court is the only court established by the Constitution which gives Congress the power to establish all inferior courts and their powers. To maintain judicial independence, and ostensibly to keep politics out of our justice system—see what I mean about a possible mistake?—these judges have lifetime appointments, and even when they retire many choose “senior” status which allows them to continue to decide cases well into dementia. Impeachment—another mistake?–is the only means to remove them.
Americans, even some Democrats who these days hardly qualify as Americans, are coming to the inescapable conclusion Democrat judges are abusing their authority. There is no statutory, Constitutional basis for nationwide injunctions, nor is there any basis for district court judges to usurp the President’s Article II powers, yet they’re doing just that. We now have hundreds of pseudo-presidents conducting foreign policy and otherwise running the executive branch, often with conflicting mandates.
Chief Justice John Roberts apparently prefers the normal legal, appellate process run its turtle-like course. It’s that upon which Dems are counting. bestowing full American due process rights on all illegals will ensure it will take centuries to deport even the 20 million or so already here, to say nothing of the untold millions that will arrive whenever a Dem takes the Oval Office. The normal appellate process will ensure illegal nationwide injunctions will take years, perhaps entire presidential terms, to be overturned—if they are overturned which is precisely how Dems want it.
Americans can elect, in electoral landslides, all the Republican presidents they like, but none of them will be able to enact the policies for which they were elected. Dem lawfare will ever rule.
There are two solutions. The Supreme Court, with a supposed 6-3 majority of justices beholden to the law and Constitution, can limit the powers of district court judges. Or, the Congress, which has that specific, constitutional power, can do it.
The smart money isn’t on either. The Supreme Court seems in no hurry to deal with these cases, particularly not any that would establish a reasonably broad precedent like ruling district court judges have no power to run the Executive branch in violation of Article II. They may pick around the edges on this or that narrowly decided, individual case, but the court that is supposed to be the ultimate arbiter of the Constitution shows little current sign of wanting to protect the Constitution, which would limit overall judicial power and restore America to the vision of the Founders and the letter of the Constitution.
That leaves Congress, which is where we run into the worst roadblock: Democrats. John Adams wrote:
Because We have no Government armed with Power capable of contending with human Passions unbridled by morality and Religion. Avarice, Ambition, Revenge or Gallantry, would break the strongest Cords of our Constitution as a Whale goes through a Net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
Republicans currently hold narrow majorities in the House and Senate, which means even if enough House Republicans—unlikely—could be convinced to effectively and substantially reign in rogue, imperial district court judges, such a necessary bill could never pass the Senate due to the filibuster, which requires 60 votes to overcome. Should Dems take either body in the 2026 midterms, and the Stupid Party is likely to help them do just that by opposing the Trump agenda for which Americans voted, America’s decline will accelerate.
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This is where the Founders failed. Democrats will never vote to restrain the unconstitutionally wielded lawfare powers of Democrat federal judges. But shouldn’t they realize “Republican” judges might do the same thing to a Democrat POTUS? Shouldn’t the same principles and laws apply to all? Sure, but Dems know there really is no such thing as a “Republican” judge. There are judges who uphold the law and Constitution, and Democrat judges. Dem judges are far more likely to enact Dem political preferences, while Republican judges won’t. It is this upon which Dems depend. Dem immorality ensures a two-tiered justice system.
Donald Trump is supposed to be a dictator, but a vote for Democrats ensures judicial tyranny. So long as almost exclusively Dem judges and legislators remain immoral and unethical, John Adams remains prescient, and America stands in jeopardy.
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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.
This article was originally published at www.americanthinker.com
