President Trump and the Runaway Judiciary: The Founders Have Provided the Remedy

By Steve McCann February 15, 2017

Recently, a rogue U.S. District Court Judge issued and a panel of the Ninth Circuit Court of Appeals affirmed one of the most egregious judicial decisions in American history, dramatically undermining and thus relegating the issue of the sovereignty of this nation to the courts and unelected judges.  This was the culmination of decades of ever expanding judicial activism enabled by the failure of Congress to enforce its prerogatives and rein in this runaway usurper of political power.  The matter of the supremacy and influence of the judiciary in a representative republic has been an issue of contention since this nation’s inception, as the founders, while geniuses in their overall concept of government, erred greatly in the creation of an unaccountable Judiciary by relying on a factious Congress to serve as a check and balance on a co-equal branch when necessary.........

Daniel Horowitz, in his must-read book Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, predicted this sort of scenario and offered a number of steps to combat an unbridled Judiciary.  Among them are:

• Limit the jurisdiction of the Supreme Court per Article III, Section2, Clause 2 of the Constitution, which explicitly grants Congress the authority to regulate and limit the appellate jurisdiction of the Supreme Court.  Even the first Chief Justice, John Marshall, acknowledged that the court has no jurisdiction other than what Congress grants it (except for a few spheres of original jurisdiction per Article III).
• Abolish or severely curtail judicial review for the lower courts as the Congress created and can break, divide, or regulate them at will.  Per Article 1, Section 8 and the judicial vesting clause of Article III, Section1, the legislative branch has full authority over the creation of all courts below the Supreme Court.
• Defund enforcement of unconstitutional court decisions.  As noted above in Federalist 78, Hamilton was unconcerned that the Courts would become all-powerful as they had no means of enforcing their decisions.  Therefore, the executive branch could simply refuse to enforce their edicts and the Congress could cut off funding for enforcement in reaction to the court’s absurd behavior.
• Congress can redraw and change the boundaries of the circuit courts or even eliminate them entirely if they care to and create new ones with new judges ..........Read more