Skip to comments.Judicial Tyranny... is it time to "Just Say NO" to "Case Law"? One citizen's opines...
Posted on 05/15/2018 8:49:07 AM PDT by FiddlePig
Thomas Jefferson warned if allowed, the courts court could be the undoing of the Republic!
With the mounting examples of judicial tyranny (much so far against President Trump)... is it time to just say no and demand that case law be abolished until voted on by Congress and signed by the president? This is not new in Marbury v. Madison (1803), Chief Justice John Marshall and the court gave themselves the authority of Judicial Review... a de-facto VETO (used many times) of the will of the people. They found this authority under Article III of the Constitution, similar to how they found the right to an abortion in the 14th Amendment.
What is known as case law, often are non(even anti)-democratic judicial decisions that unconstitutionally (or anti-Constitutionally?) have the weight of law.. though NEVER passed by Congress and signed by the president!
I wonder if ever a president with the gonads (Trump?), after declaring his Administration a "Judicial Tyranny Sanctuary Zone" (ignoring despot judge rulings)... could (would) by executive order rescind these past rulings: Stating:
"Using the example of California and other 'Sanctuary' states and areas, I hereby will ignore not just these unconstitutional rulings, but worse anti-Constitutional rulings! The list I offer, from prayer in schools to Rowe v Wade, to illegal interfering with foreign policy will no longer be enforced by my administration, until passed as law by Congress and signed by me. I call on Congress to take their responsibility and review these rulings!
It may be a SHTF moment... even a Constitutional crisis, but is past due IMHO. More each passing year, the judicial and bureaucratic regulatory state is steadily stealing the liberty of Americans with force of law that NO legislative body ever voted on... against the intent of the Founders.
(Excerpt) Read more at redneckoblogger.blogspot.com ...
"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account.
Link to whole article:
I think there should be a bill that the president does not have to abide by lower court decisions only the supreme court.
A federal circuit court judge should not have more power than a president, that is is no check or balance, that is a joke.
A peeve of mine that is somewhat related to this story is the usage (IMO overuse) of ‘precedent’ in trials. Basing a decision on a dragged up a court decision from a couple of generations back is ridiculous. Things change, technology changes, attitudes change. A judge should do just that ... judge. Judge the merits of the case based upon the facts surrounding this, and only this, case. If all a judge has to do is string together a few items of ‘precedent’ in order to render a verdict, we really don’t need judges anymore. A computer with a well-stocked database can submit a judgement within a few seconds.
Hear ye, hear ye, USA must:
>shed Marbury v. Madison, the 16th Amendment, and the 17th Amendment.
Return to USConstitution, or perish.
Losing battle at the moment, but I salute you. You are exactly right.
“I think there should be a bill that the president does not have to abide by lower court decisions only the supreme court.
A federal circuit court judge should not have more power than a president, that is is no check or balance, that is a joke.”
Could not agree more. This would end forum shopping in the Ninth Circuit if Federal District judges decisions would only apply to the case at hand and temporary injunctions enjoining statutory law or executive decisions beyond that can only be considered by the Court of Appeals and SC.There are too many left wing political hacks with no regard for the law in the lower court to trust them with judicial review affecting the nation beyond the individual case at hand.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.