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Judiciary Grabs Power While Executive & Legislative Branches Snooze

The judicial branch at both the state and federal level continues to overstep their authority by meddling in the affairs of the legislative and executive branches. And the audacity of judges appears to be increasing.

Just two weeks ago the Chicago Tribune reported this:

A judge has ordered Illinois officials to add intractable pain as a qualifying condition for medical marijuana, a ruling that could greatly expand access to the drug.

The Illinois Department of Public Health had rejected intractable pain — defined as pain that’s resistant to treatment — but Cook County Judge Raymond Mitchell ordered the agency to add the condition.

A health department spokeswoman said Tuesday the agency will appeal the ruling. The change is expected to be put on hold while the appeal is pursued.

If Cook County Judge Raymond Mitchell wants to set policy, he should run for governor or for a seat in the General Assembly.

At the federal level, several judges seem to have joined the #Resistance movement to block President Donald Trump’s Constitutionally lawful actions.

Whether it is concerning sanctuary cities and states, Trump’s actions on limiting immigration, DACA, or transgenders in the military, courts are getting into the act by pretending to hold executive or legislative power.

Those federal judges who choose to ignore the U.S. Constitution and statutes should be impeached. Those aren’t my words, but Tom Trinko’s over at American Thinker:

[J]udges who issue insane edicts must be impeached. It’s time for the people to voice the truth that judges are not some “super” agents who override the authority of the people’s representatives.

Trinko blasts the courts’ “Judicial Rebellion”:

We are witnessing a treasonous rebellion by leftist judges who are declaring the last election null and void.

At the core of these traitors’ arguments is the belief that the people do not have the right to express their views through the electoral process.

Essentially, these courts are declaring that President Trump doesn’t have the same authority as his predecessor and that the powers of the executive branch are constrained by what the judiciary thinks is good policy.

As hot as that rhetoric might sound, what Trinko writes next shows that it isn’t:

These judges assert that President Trump can’t overrule the executive orders of his predecessor with his own executive orders. If that were the case, elections would be meaningless, since one president could effectively prevent the people from rejecting his position by voting for a candidate who disagreed with him.

Writing at National Review, Josh Blackman penned a piece titled, “A Ludicrous Ruling That Trump Can’t End DACA.” In it he sarcastically writes:

On January 20, 2017, the executive power peacefully transitioned from President Obama to President Trump. At least one judge in San Francisco didn’t get the memo.

Later in the article, Blackman writes:

I am unable to think of any decision where a court has ordered a president to exercise discretionary authority he has deemed unconstitutional.

Concerning one court’s excursion into military policy, American Thinker’s Joe Herring wrote:

A federal judge has ventured far beyond mere judicial activism in declaring that the president cannot alter the policy of his predecessor regarding men who consider themselves women, and vice versa, serving in the military.

In effect, this judge has deemed President Trump to no longer be commander-in-chief.

. . .

This is a gross usurpation of power that, if permitted, establishes a precedent for any federal judge to stay the hand of the president in the conduct of war. This egregious overreach must be resisted and punished.

Resistance and punishment, however, require courage on the part of the other two branches. Congress can strip jurisdiction from the courts, and the President can ignore court “orders” that are clearly out of bounds.

Short of that, Herring writes, “one federal judge can illegally stop the president from exercising his constitutional power for months or years.”

The medical and recreational marijuana debate is not an issue for the courts, but for the people through their elected representatives in the legislative and executive branches. Courts that seek to amend legislation or limit or direct constitutionally or legislatively granted executive powers should be, at a minimum, ignored.

If the citizens of the United States are to have a constitutional government, the legislative and executive branches must push back at the judicial branch’s overreach. Not only would that action begin to deter bad behavior by judges, it would be a learning moment for the part of the country that never received a proper education concerning our state and federal Constitutions.


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Time for a Governor to Stand up to Judicial Tyranny

Note: now that rogue and renegade federal judges have struck down amendments that protect natural marriage in Mississippi and Arkansas, passed with 86 percent and 75 percent of the vote respectively, it’s time once again to review the solution: courageous governors.

There is one and only one short range solution to a runaway judiciary on the issue of sodomy-based marriage: a governor with the testosterone to stand up and just say no.

Governors take an oath of office to uphold the federal constitution and the constitution of their own state. Any governor in any state with a marriage amendment as a part of his constitution has the right, nay, the duty, to refuse to comply with any judicial order to recognize same-sex marriage.

The Constitution is utterly silent on the topic of homosexuality and marriage, which means, according to the Constitution the Founders gave us, this is an issue reserved exclusively to the states.

Any ruling from any federal court that imposes domestic policy on a state is by its very nature unconstitutional, and no governor has any obligation to obey it. In fact, quite the opposite. He must refuse to comply with it, for to comply would mean he must violate his own sacred oath of office.

A governor’s oath is to defend the Constitution of both the federal government and his own state. Defending something by definition means protecting it when it is under attack, regardless of where that attack comes from — even if the attack comes from a federal judge, a federal court, or the Supreme Court itself.

Governors have been meekly capitulating to judicial tyranny, one after the other, and timidly abandoning their posts.

Americans have no understanding of how little power the federal judiciary actually holds. It was designed by the Founders to be the least powerful branch of the federal government, with its jurisdiction limited to settling matters of dispute between individual states and matters of international controversy. The Supreme Court met in a closet for the first several decades of its existence, a sign of the lowly stature it occupied under the Constitution as written.

But the federal judiciary has mutated into a gargantuan beast, looming over liberty, freedom and the Constitution itself, and imposing its own benighted and twisted version of morality on the entire country with no legal, statutory, constitutional or moral authority.

But it has no police force it can order to arrest or detain anyone. If its unconstitutional rulings are ignored, what will the Supreme Court do? It can issue an arrest order, I suppose, but if a governor will not allow it to be executed, what can the Court do? The answer is nothing.

President Andrew Jackson once said, of a decision handed down by the chief justice of his day, “John Marshall has made his decision; now let him enforce it.”  What happened in the face of this defiance from a co-equal branch of government? Precisely nothing.

The truth is the federal judiciary is impotent apart from the good will of the American people. Once the American people realize that the Supreme Court is a co-equal branch of government, not the superior branch of government, they can get back to governing themselves rather than deferring to black-robed oligarchs to make all the important decisions for them.

For a governor to stand up and refuse to cower to a federal court would not be civil disobedience at all. It would be constitutional obedience — obedience to the Constitution and its provisions in the ninth and 10th amendments, obedience to his own state constitution, and obedience to the oath he took before Almighty God.

Governors do not take an oath of allegiance to the Supreme Court. They take an oath of allegiance to the Constitution. It’s time they started acting like it.