The Imperial Judiciary is Destroying the Rule of Law

By Rich Kozlovich

 

One April 22, 2014 Mary Ann Allen posted the article, The Constitution is Not A Living Organism, which I can't link as the site no longer exists, so you will have to take my word for what she said....or not, as you please.  She notes:

Supreme Court Justice Anthony Scalia recently said, “The Constitution is not a living organism”  “It is a legal document, and it says what it says and doesn’t say what it does not say”. Well said Justice Scalia. The Founding Fathers who sought Gods’ wisdom were indeed led by Gods wisdom. Ask, and you shall receive.

Other court justices, attorneys, this administration, and other progressives and liberals refer to the Constitution as a “living organism”. That sounds good, if one does not know what that term means. So why is that bad for our Constitution, and the American people?

The “original” framers view of the Constitution held without debate. It generally meant that judges should interpret the Constitution as its framers intended it. A historian was quoted saying,” The Constitution has a fixed, uniform, permanent construction. It should be, not dependent upon the passions or parties of particular times, but the same yesterday, today and forever.” Judges should not stray from the text’s literal meaning”. Amen to that!

 

That was over ten years ago, and now yesterday Andrea Widburg, one of my favorite writers, posted this piece, The DC appellate court order affirming Judge Boasberg dishonestly ignores its lack of jurisdiction demonstrating how much worse the federal judiciary has managed to stray from the clear intent of the Constitution, every federal law passed, and every SCOTUS decision that interferes with their view of how the world should function saying:

 

Last week, a D.C. District Court judge, James Boasberg, took it upon himself to substitute his feelings for the President’s statutory authority under the Alien Enemies Act (“AEA”). When issuing his order telling the President to return to the U.S. planes filled with Tren de Aragua members bound for Venezuela, Boasberg didn’t even attempt to find law to justify his decision.  Today, the United States Court of Appeals for the D.C. Circuit backed Judge Boasberg. A quick read shows that its reason for doing so is utterly spurious because it glosses over the fact that the courts lack any jurisdiction in this matter.

 

She goes on the explain not only the lack of logic in this ruling, but a failure to address the lack of jurisdiction, but how they spew out a lot of non sequiturs to cloud the real issues.  

 

The problem with the federal judiciary falls right into the lap of the founding fathers.  Article III of the Constitution creates a “supreme Court” with the responsibility to adjudicate  “all Cases, in Law and Equity, arising under this Constitution."  

 

Alexander Hamilton, who was a statist by the way, assured everyone the judiciary would never run amok in response to "Judge Robert Yates, who warned of a rapacious judiciary in Anti-Federalist No. 78. Hamilton was wrong, and Yates was right."  It's apparent Yates understood people will always be people, and when there are no boundaries on their activity, they become unbalanced, and he wasn't the only one who warned of the danger of the judiciary.  All the warnings from that time have come to fruition.  

 

There's nothing in the Constitution about "Penumbras and Emanations". The courts made that up in order to redefine the simple wording and understanding of the Constitution in order to give them the power to in fact rewrite the Constitution, and the Congress should have stopped that nonsense decades ago.  

 

The founding fathers failed to create boundaries for the federal judiciary, and with lifetime appointments, that resulted in no checks or balances for the courts, however, the Constitution gives the Congress the right to determine the jurisdiction of the federal courts, and it appears the Congress, at least the Republicans, are considering doing just that.

1. 'Blatantly unconstitutional': Mike Lee takes action to restrain 'whims' of judges blocking Trump orders
2. 'It's Unconstitutional': Chuck Grassley Puts Activist Judges on Notice
3. Speaker Johnson Issues Warning: Congress Has the Authority to Defund and Disband Federal Courts (Video)
4. Hawley: End Federal District Courts’ Ability to Issue Nationwide Injunctions

With the exception of the Supreme Court, all federal courts are creations of Congress, and Congress can eliminate them, and have done so in the past when the judiciary got out of control, and it appears may have to do so again.  All these unconstitutional actions by these rogue judges is just another form of Lawfare, and it needs to be halted, and punished.