Mike Rowse A voice from New Mexico

16Mar/170

Our judicial system in crisis

We have talked about the state of our judicial system off and on for quite some time. Usually we’re talking about the Ninth Circuit Court of Appeals, also known as the Ninth Circus Court of Appeals, which regularly ignores the Constitution and the laws of this United States as an act of people’s representatives to try and accomplish what they believe to be right.

However, over the last few years and now in the last couple of months, we have seen judges become blatantly proactive in coming up with some of the most convoluted reasons to “justify” their decisions. These recent decisions in which courts have granted injunctions against Pres. Trump’s executive orders regarding immigration from seven countries are the most egregious examples of judicial activism yet.

While two judges ruled against Pres. Trump in different jurisdictions, the judge in Hawaii is the most idiotic. Even Alan Dershowitz, no fan of Donald Trump or his executive order, disagreed with the judges “logic” in justifying the ruling. Probably the most troubling reason the judge gave for filing the injunction was that Pres. Trump had made certain comments during the presidential campaign that led this judge to believe he and everyone who helped write the Executive Order were bigoted towards Muslims. Now this had not been argued nor had it been presented as a justification by the plaintiff but even if it has is not supposed to be allowed into a court hearing. But the judge came up with it on his own.

As Dershowitz pointed out, based upon that ruling alone this decision should be overturned quickly. Because what happens is the argument that okay, if you use statements that Pres. Trump made outside of any action related to this Executive Order then this order would have stood the judges test at Pres. Obama been the one signing it. That is not the standard for judicial review. It is beyond the pale for a judge to do that.

As Dershowitz also pointed out, if Pres. Trump were trying to ban all Muslims from entering the United States and why did he not include every Islamic country in the Executive Order rather than a small percentage of the population of Muslims from around the world as represented in the seven states identified by Pres. Obama as promoting terrorism against the United States?

Which takes us to another point; this judge in Hawaii said that Pres. Trump had not established a case to prove that the Muslims emigrating from these countries were a danger to the United States. First of all the seven states identified in the Executive Order were placed on the list by Pres. Obama and his security and national defense staff. They identified the seven states as promoting terrorism against the United States and its citizens. They use that list to justify their own immigration ban just a few years ago. That said, under the statute that gives the president clear authority to take this action, the standard of proof is very low. I don’t think anyone in their right mind would disagree that the seven countries contained a large number of people involved in terrorist organizations and have exported that terroristic acts to other countries. This would include the United States.

The judge went on to say that the state of Hawaii would suffer economically because of the decrease in tourism and the lack of students coming to their universities from the seven countries. Hawaii could not show factual documentation that this was the case and that a significant number of tourists come from places like Iran, Iraq, Syria or the Sudan. I would venture to say that the number of people traveling anywhere from some of these countries is minuscule when it comes to tourism. And let’s not forget that the Executive Order very clearly set out exemptions for people who already had visas as tourists, workers or students or had a green card.

But the most damning action taken by this judge, and is certainly not the first, is to grant protection to noncitizens under our Constitution. He claimed that banning Muslims from these countries was a violation of their First Amendment right to freedom of religion. Let’s be very, very clear: The U.S. Constitution does not provide any rights to non-citizens. Period. End of story. And apparently we do have to say it again, this is not a ban on Muslims this is a ban on anyone in that country and these are not 100% Muslim countries.

These recent decisions paired with the increasing frequency of activist judges, decisions foretell a serious crisis in our country. The judges are creating policy and creating law when they do not have that power. They are here to act as a check up on the other two branches of government to ensure that the laws that are passed in the way those laws are applied are in accordance with the founding documents of this United States of America. They are not to further goals and cannot be achieved politically in any way shape or form. It’s either a yes you can do that or a no you can’t.

To continue allowing these judges to exceed the authority granted to them by we the people is to take this country down the road that we do not want to travel. Many of us have been worried about the expansion of government and the possibility that either the legislative or more likely the executive branch of government would become something of a dictatorial body ruling over the citizens of America. The real danger has been and now more than ever is the judicial branch. We watched the Supreme Court come to decisions, most obviously with Obama Care, that were unbelievable. Twisting the language of the law in ways was not intended in order to find that it was constitutional. Do you remember Obama, Nancy Pelosi, and Harry Reid telling us that the individual penalties in the bill were not taxes? Yet Justice Roberts had to find that these were taxes in order to uphold the constitutionality of the bill.

You might be asking now, what do we do about it? First, let’s Pres. Trump appoint true constitutional judges to the Supreme Court. And while I know the reasoning behind having lifetime appointments for judges, in today’s world that doesn’t necessarily work well. Maybe at levels just below the Supreme Court, we need to have a judicial review panel that can recommend to Congress whether to keep or remove judges based upon their adherence or nonadherence to the Constitution. I think it’s also time to start looking at non-attorneys as judges. Having a law degree does not mean that you are any smarter or more well-versed in our Constitution than anyone else. I would put any graduate of Hillsdale College against almost every one of our appeals court judges when it comes to arguing constitutional law.

I know that some of these ideas need to be fleshed out as to what to do with these judges but if we don’t do something soon it may not matter what reforms Donald Trump tries to put in place because some judge somewhere is going to try and stop him. Maybe he can do what Obama did, ignore the judges and do what he wants anyway, it seemed to work pretty well for him.

Comments (0) Trackbacks (0)

No comments yet.


Leave a comment

No trackbacks yet.