The Democrats, having lost the White House, the Senate, the House, and most of the time the Supreme Court, making them essentially powerless, have resorted to their only weapon of war, lawfare, to stop the Trump administration from effecting the people’s mandate. Lawfare was the Dem’s weapon of choice in the election and it failed, but it certainly caused major problems for Trump and his campaign along the way.
It’s the old adage about legal process…the process is the punishment. The legal process will destroy your reputation and most likely bankrupt you no matter whether you’re guilty or innocent or liable or not liable. In this case where politically corrupt, leftist federal district court judges are willy nilly issuing national court injunctions against the actions of the executive branch of the federal government, the idea is to just hamstring the Trump team until sometime way down the road the Supreme Court may or may not reverse their unconstitutional decisions. In the mean time the damage is done.
To date, Donald Trump has said that he will follow the law with respect to this Democrat lawfare and submit to the process of appealing the corrupt judges’ injunctions up the chain to the appeals courts and ultimately to the Supreme Court if it comes to that. Now Trump has signed an executive order cracking down on radical activist judges and far left groups abusing the courts by demanding that plaintiffs pay court and defendant costs when they file for frivolous injunctions that cost taxpayers millions. That’s a good start but it goes way short of what has to be done.
Let’s put the proverbial shoe on the other foot. Let’s suppose that an official of the executive branch’s justice department (the DOJ) demanded that a federal district judge rule a certain way in a case. Forget the merits of the case or who the parties to it are, just consider that an executive branch official made such an order to a judge of the judicial branch of the federal government. Would that action be constitutional? Of course not. Should the district judge ignore the demand of the DOJ official? Of course he should. Case closed…ever heard of separation of powers…yet the judicial branch of the government is doing the exact same thing to the executive branch right now and incredibly, the Trump executive branch is, while objecting, acceding to the judicial branch’s blatantly unconstitutional orders.
This situation should be considered a constitutional crisis by the executive branch and the executive branch should act accordingly, not the way that it is acting today. What should the executive branch do? Number one it should declare that the actions of the corrupt judges are indeed unconstitutional under the separation of powers of the Constitution, and that it will not abide by such actions. Period. Secondly, the executive branch should prevail upon the legislative branch to impeach the culprit judges for their unconstitutional acts. Period. It is time for this administration to acknowledge in no uncertain terms that lawfare is unconstitutional and take whatever steps are necessary to stop it now in its tracks.
No presidential candidate and no presidential administration has suffered from judicial warfare as much as this presidential candidate and now his administration in the history of the United States. It is more than time that Trump make a definitive stand as leader of the executive branch against the unconstitutional and untoward actions of the judicial branch. Trump needs to take the advice of his predecessor Andrew Jackson (who Trump has often said he admires greatly) whose stance was that both the executive and legislative branches of the federal government had as much right to interpret the Constitution as does the judicial branch. Jackson is said to have once stated when remarking about a Supreme Court decision made under Chief Justice John Marshall, “John Marshall has made his decision, now let him enforce it.”
MAX
