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The Inherent Danger In Judicial Overreach
July 25th, 2017
Suthenboy

The purpose of this blog is to discuss the virtual absolute authority vested in Federal Court judges, their lifetime tenure, and the inherent danger that represents to America. Nowhere is this more perfectly exemplified than in Trump's limited travel ban being halted by three U.S. District Court rulings that were subsequently affirmed by Appellate Courts. Please be assured that this blog is not about the merits and ramifications of the ban, but rather its relevance to the tenure and power of Federal Court judges.

My focus herein is on radical sanctimonious judges who erroneously think donning a black robe exalts them to God-like status, and thusly, can rule as they please with impunity. This mindset enables activist judges to overreach their constitutional authority by issuing rulings based on ideology instead of applicable law, and that can serve to subordinate America's best interest to their personal agendas: That scenario is untenable: it represents a danger to the traditions, culture, and values of America's future. 

To better understand the function of Federal judges and authority vested in them by the Constitution it might be beneficial to briefly describe the basics of their job's derivation, tenure, and description. Your indulgence is appreciated for any redundancy on these topics.

U. S. Constitution Basics: The U.S. Constitution is the law of the land. It divides the federal government into three distinct branches to ensure centralization while preventing an individual or group from having too much control, commonly referred to as the separation of powers. Those branches and their respective compositions are as follows:

  • Legislative - Congress (Senate and House of Representatives)
  • Executive - President, Vice President, and Cabinet
  • Judicial - Supreme Court and various lower federal courts
Exclusivity of Legislative and Judicial Powers: The separation of power between these branches is intended to ensure judicial rulings are made pursuant to applicable law and not to further personal agendas by legislating. It is briefly described below.
  • Article 1 Section 1 vests the legislative power to enact laws exclusively in Congress
  • Article III Section 1 vests judicial power to interpret, apply and determine the constitutionality of laws in one Supreme court and various lower courts periodically established by Congress, e.g., appellate and district courts
Appointing Federal Judges: Article 11, Section 2 Clause 2 of the Constitution sets forth the process wherein the President nominates persons to fill federal judgeships, with the appointment of each nominee requiring Senate confirmation. As most people hire in their own stead, one can logically assume and history has proven that appointing a federal judge is not much different.

Tenure of Federal Judges: Article 111 section 1.2 of the Constitution conditions tenure on continued 'good behavior' which has been interpreted as a life time appointment. Termination can occur through resignation, retirement, and impeachment and conviction by congressional vote. The good behavior provision dates to 15th Century England where judges were appointed for life to prevent the King from pressuring them to rule as he wanted, and was adopted by the founding fathers who wrote the U.S. Constitution.

Trump's Constitutional Authority: Trump's ban was issued under an Executive Order that cited, tracked and complied with 8 USC 1182 (f) verbatim. This statute, set forth below, vests the President with the absolute authority to suspend the entry of aliens or any class of aliens for national-security purposes for any period of time that he deems necessary.


  "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."

The statute is abundantly clear on its face and the ban should have stood. It is also clear that the judicial decisions halting it were made by radical, activist liberal judges in blatant violation of and indifference to the Constitution. They knowingly ventured from their exclusive domain of interpreting and applying the law into verboten territory of legislating new law to further personal agendas.

Usurpation of Presidential Authority: The net effect of the reckless self-serving judges halting the ban was to usurp the exclusive power vested in the President under 8 USC 1182 (f) and exercise it themselves. As a matter of record, the Supreme Court has ruled that the power assigned to each branch must remain with that branch, and may be expressed only by that branch. Learn more Here, In each instance the judges willfully violated the Constitution by assuming the legislative role knowing is was exclusively vested in Congress.

Left Wing Judicial Activists: The radical judges meting out their biased version of justice halting Trump's Executive Order in blatant violation of the Constitution are neither rogue nor naive. In fact, they are among the reprehensible group of arrogant, left wing activist jurists that flourished and became mainstream under Obama, who routinely trashed the U.S. Constitution as a matter of course.The Distric Court judges involved were as follows:
  • James Robart - WA
  • Theodore Chuang - MD
  • Derrick Watson - HI
The judiciary's role and rule of law as specifically set forth in the Constitution are of total indifference to this ilk of judge. Rather, both are trumped by self-serving ideological decisions cleverly underpinned by Marxist political correctness. The impact of such decisions has consistently been to erode our rights and subordinate America's best interests to minorities. These judges masquerade under black robes feigning judicial neutrality while using their powerful positions to propagate personal agendas, and Supreme Court justices are not excluded from that group.

Surprme Court Chief Justice Roberts: One of the most egregious examples of judicial activism occurred when Obama's pal, Supreme Court Chief Justice John Roberts, legislated to help him out of a jam by rewriting Obamacare twice to make it legal. Thanks to Roberts far too many people have experienced the financial pain resulting from that fraud. The late, astute Honorable Justice Scalia ripped Roberts in a scathing dissent you can read Here

Judicial Accountability: Unless a Federal judge is convicted of committing an impeachable offense, the consequences for Constitutional violations are meaningless. Decisions by Appellate and District Court judges are subject to being reversed; Supreme Court Justices rule with a free rein. In essence, these Federal Court judges rule for life with impunity, which does not bode well for America.

The Need for Change: The appalling scenario emerging from Trump's travel ban classically exemplifies judicial overreach as well as the power vested in Federal judges that enables them to control the future of America's traditions, culture, and values. Specifically, Presidential authority was wrested from Trump by overriding a sound Executive Order issued pursuant to and in compliance with the Constitution. In so doing, judges simultaneously adjudicated by halting the ban; legislated by issuing rulings that propagated their personal agendas; and violated the Constitution. Since Federal judges are not accountable for violating the Constitution their rulings were made without being subjected to meaningful consequences.

In my opinion, the ramifications of this are extremely troubling, particularly considering the number of left wing activist judges who bought into and temper decisions with Obama's anti-America agenda of 'fundamental transformational'. Suffice to say that until the Constitution is amended to hold Federal judges accountable for violating it by imposing meaningful consequences and setting realistic term limits, the dangerous status quo will remain.

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Comments:
Joanne Sgrignoli
#4
August 17th, 2017 6:19 am
Very well written!

No judge should be able to rule with impunity. The Constitution should be amended to hold Federal judges accountable for violating it by imposing meaningful consequences and setting reasonable term limits. Supreme Court Justices should be held to a similar standard. Impeachment should not be the only remedy.
"Power corrupts. Absolute power corrupts absolutely." This is the situation created by allowing both to rule with impunity.

I question how an improper ruling by a federal judge can override presidential authority. Why couldn't the attorney general have said that presidential authority (in the case of the travel ban) trumps (no pun intended) the judicial ruling? That made no sense to me, allowing them to do something they shouldn't have done.
Wayne
#3
August 10th, 2017 3:21 pm
I have long advocated that any lower court judge whom is overturned by SCOTUS more than 60% should be unseated from the bench. I believe, if they would, that congress could pass a law of this type.
Sue McGowan Lewis
#2
August 1st, 2017 8:24 am
You're absolutely correct in that we are still being "transformed" due to so many leftist Federal judges, as well as so many other appointees and Federal employee from the left side, a worm filled piece of wood that will bring down the foundation of freedom as we know it. If the left ever manages to do away with the Electoral College, and they are on track to try it, we'll be like Venezuela and so many other countries with "popular" vote. The problem with that is our educational system is so broken we now have uneducated voters. With almost 50a% graduating the and A average that was just given, not earned, and many who vote in Spanish or French Creole, the left is winning by default, so they can control the money from higher taxes, not caring about the next generation, only about power and control.
Donald Wilson
#1
July 31st, 2017 11:59 am
The three mentioned judges along with Chief Justice Roberts need to be impeached and removoved from their positions. These types of judges do not deserve the positions they are currently holding.
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