Keep Right — Column by Ralph K. Ginorio
I now hope for a Constitutional Crisis. I always had thought that such crises betokened the fall of our American Republic. No more!
In recent months, the Federal Judiciary has proven itself to be destructively heedless of their Constitutional role, in willful denial about the limits on their scope and critically confused regarding the very reason for their authority.
Their overreach, in service of thwarting the will of the American voter by confounding the policies of the President violates the United States Constitution, is shocking.
No Federal Judge or United States Supreme Court Justice was appointed in order to make policy for the Executive Branch of the Federal Government. Voters elect a President for that purpose.
Judicial Activists have, since the days of the 1950s and 1960s era Warren Supreme Court, interfered with the Federal Legislative Branch in their legitimate tasks of making laws and raising money. For seventy years, Federal Courts and the United States Supreme Court (USSC) have intruded themselves into the proper realms of other co-equal branches of government.
Policy has been increasingly made by judicial fiat rather than by the deliberative compromises
of elected officials.
As bad as this has been, nothing has prepared us for the unrestricted proliferation of judicial injunctions intended to block policy initiatives by the second Trump administration. Federal District Judges have invented new interpretations and standards that have rendered Executive action impossible.
The scope and frequency of these court interventions is without precedent in American history. Federal Judges are suddenly taking it upon themselves to unilaterally invalidate all Executive policies that offend Democrats.
The judiciary is now asserting its own political policies. This violates the very essence of the judiciary’s necessary impartiality. Judges are supposed to interpret the application of Constitutional principles on a case-by-case basis, not push for their own independent policy objectives.
These arbiters-of-the-law are willfully thwarting Presidential objectives which were central to Trump’s 2024 campaign such as expelling illegal aliens and draining the swamp by cutting the size and scope of the Federal bureaucracy.
Federal Judges and Supreme Court Justices have determined that their own preferences matter more than the expressed will of America’s voters through their electoral choices.
This obstructionism is criminal. It runs counter to the separation of powers. It violates the Constitution. It is a clear and present danger to “our Democracy.”
The easiest way to close this Pandora’s Box would be for Chief Justice of the United States Supreme Court John Roberts to have the USSC hear a case that would permit the Supreme Court to squelch the spontaneous interventions of rogue Federal Judges.
The USSC could reassert basic standards to be required before a Federal Judge can weigh in on an Executive Policy. The Justices could even restructure such interventions to specific courts that already exist to make such judgments.
Instead, as Chief Justice, Roberts does what he has always done. He evades responsibility lest his precious Supreme Court might be seen to be engaging in too much political controversy. He has said many times that the Rehnquist Court was incorrect to have intervened in Bush v. Gore 2000. Roberts would have watched idly as the nation teetered on the verge of dissolution in order to protect the reputation of the Supreme Court.
Chief Justice John Roberts is a COWARD!
The purpose of the USSC is to resolve Constitutional controversies, not bring them to crisis by evading responsibility. By refusing to restrain Federal District Judges from violating their oaths by behaving as dictatorial micromanagers of the President, Roberts courts a Constitutional Crisis.
President Andrew Jackson once famously said of a vexatious Supreme Court decision, “Chief Justice Marshall has made his decision. Now let’s see him enforce it!” President Jackson ignored the Supreme Court’s ruling, successfully and with impunity.
Our Republic survived that crisis, but it was a close run thing. Andrew Jackson was the closest thing we’ve had here in the United States to a genuine Dictator. Hopefully, we will not need to repeat this brinksmanship.
Unless the USSC intervenes to restore the healthy balance between the three co-equal branches of our Federal Government, we will either see the castration of Presidential power and the end of a dynamic Chief Executive or we will see President Trump rightly and legitimately refuse to accept out-of-line Federal Court and USSC decisions.
This could provoke a Civil War. As bad as that would be, it would still be preferable to living under a Judicial Tyranny.
