{"id":58812,"date":"2025-03-19T11:27:59","date_gmt":"2025-03-19T15:27:59","guid":{"rendered":"https:\/\/www.rightwinggranny.com\/?p=58812"},"modified":"2025-03-19T11:27:59","modified_gmt":"2025-03-19T15:27:59","slug":"out-of-control-judiciary","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=58812","title":{"rendered":"Out of Control Judiciary"},"content":{"rendered":"

Author:\u00a0 R. Alan Harrop, Ph.D. \u00a0 <\/strong><\/p>\n

The traditional view of a judge is someone who puts aside personal prejudice and opinion, and rules on cases based on facts and a commitment to the meaning of written law and the constitution.\u00a0 It is increasingly clear that judges in this country can no longer (if ever) be relied upon to follow this traditional ideal.\u00a0 Not only do lawyers \u201cjudge shop,\u201d meaning that they seek to bring cases before judges who they can rely on to rule in a certain direction, but as we are seeing, since President Trump was inaugurated, federal judges are blocking the president from carrying out the legitimate wishes of the people who overwhelmingly voted for him and his agenda.\u00a0 This cannot be allowed to continue and represents a serious threat to our country.<\/p>\n

One of the main problems is the ability of minor federal judges in local districts to make rulings that apply to the entire country.\u00a0 The founding fathers established three branches of government:\u00a0 the legislative, executive, and judicial.\u00a0\u00a0 They also firmly believed that the source of power in America is the people, expressed through the voting process.\u00a0 In many ways, the three branches are considered co-equal.\u00a0 However, the notion of lifetime appoints that apply only to the federal judiciary insulates judges from the power of the people.\u00a0 Once appointed, they are essentially immune to rebuke or removal.\u00a0 Let\u2019s apply some common sense to what has been happening.\u00a0 The president of the United States is elected by the people and has broad authority to manage and control all federal agencies since he is the head of the Executive Branch.\u00a0 When, as in Trump\u2019s case, he issues an executive order such as removing illegal criminal aliens, and a single judge in a single district overrides his order, I consider that an unacceptable overreach of the Judiciary Branch of government.\u00a0 It would be like some low-level employee overriding the CEO of a major corporation.\u00a0 Now, if the U.S. Supreme Court, which is the highest-level authority of the Judiciary Branch, overruled the highest authority of the Executive Branch (i.e. the President), that would make more sense.\u00a0 However, allowing a minor appointed federal judge, who may have been a judge for just a few weeks, to control the actions of a duly elected president is unacceptable, especially since that judge is not elected or answerable to the people.\u00a0 Solution:\u00a0 only the Supreme Court as the highest authority in the Judicial Branch should be allowed to overrule the president who is the highest authority in the Executive Branch.<\/p>\n

Lifetime appointments are another problem.\u00a0 As we have seen, certain judges appointed to the Supreme Court, once on the bench, begin making rulings inconsistent with the principles and expectations of the president who appointed them.\u00a0 For instance, judges that are expected to make decisions by closely following the constitution who instead show a disregard for the constitution as written in their rulings should be capable of being replaced by the president who appointed them.\u00a0 Now this may only be feasible for the duration of the appointing president\u2019s time in office, but would provide some degree of control which is now totally lacking due to irreversible lifetime appointments.<\/p>\n

Another way of providing some control over the Judiciary would be through legislative action.\u00a0 Right now, in a close Supreme Court decision, the vote of one judge can exert power over the entire country as shown in many 5-4 decisions.\u00a0 This is not consistent with the power of government residing with the people, especially since the judges have lifetime appointments.\u00a0 This is government by oligarchs.\u00a0 A solution that would return the power to the people would be a process that would allow Congress to override a Supreme Court decision if they were able to obtain a two-thirds, or even a three-fourths vote in Congress.<\/p>\n

Now, I will admit that these are radical ideas.\u00a0 I can hear the howling from the judges already.\u00a0 However, allowing these federal judges to usurp the authority of the president must be stopped.\u00a0 Even when these lower-level judges are overruled, considerable damage can be done by delaying the implementation of the president\u2019s actions.<\/p>\n","protected":false},"excerpt":{"rendered":"

Author:\u00a0 R. Alan Harrop, Ph.D. \u00a0 The traditional view of a judge is someone who puts aside personal prejudice and opinion, and rules on cases based on facts and a commitment to the meaning of written law and the constitution.\u00a0 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[15654],"class_list":["post-58812","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-r-alan-harrop"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/58812","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58812"}],"version-history":[{"count":1,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/58812\/revisions"}],"predecessor-version":[{"id":58813,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/58812\/revisions\/58813"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58812"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58812"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58812"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}