Reining in the Activist Federal Judiciary

Here is Bruce Thornton on reining in the activist federal judiciary — for much more on the topic, visit this page: Judicial Supremacy: Not in the U.S. Constitution, Not the Intention of the Founding Fathers.

How we can roll back the progressive assaults on our political liberty.

Vice President Pence announced recently that the Trump administration is finally pushing back against activist judges in Federal District Courts who issue nationwide injunctions against lawful executive policies on issues like immigration. This blatant usurpation of the executive branch’s powers has been another weapon in the progressives’ attack on the Constitution and its divided powers, which was primarily designed to protect the freedom and rights of citizens and their elected representatives who must answer to the people.

Reining in unelected, unaccountable district court judges is long overdue and necessary for restoring our right to hold accountable those who make decisions affecting our lives.

The federal judiciary has from our country’s beginnings been an object of suspicion for those Americans concerned with the tendency of power to encroach on the freedom and rights of the other branches of government. The first Democrat president, Thomas Jefferson, feared the Supreme Court’s usurpation of the powers of Congress and the President. In a letter to Abigail Adams he wrote in 1804,

Nothing in the Constitution has given them [the federal judges] a right to decide for the Executive, more than to the Executive to decide for them . . . . The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.

The first populist Democrat and frontier president, Andrew Jackson, likewise distrusted the potential for judicial encroachment on the will of the people and the executive branch. In 1832 his veto of legislation renewing the charter for the Bank of the United States despite its imprimatur from the Supreme Court, Jackson said…

Read more: Frontpage Mag

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