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De Omnibus Dubitandum - Lux Veritas

Monday, March 17, 2025

Judiciary Supremacy is a Myth

By Rich Kozlovich, Tags: There's No Such Thing as a Government Shutdown

 

Judicial activist's are at war with the Constitution's separation of powers, and it's time to bring this to an end.  Finally after all this insanity by rogue judges, Trump has told them to shove it.  We'll come back to that.

Federal judges have claimed that the White House can’t mange the bureaucracy, can't offer buyouts to federal employees, can’t fire political appointees from the previous administrations, can’t pause funding, can’t cut funds to government programs, can’t change formulas allocating government grants and also can’t remove transgender ideology from government websites or the military installed by its predecessors, and cannot under any circumstances end the vast corruption that defines the Administrative State.  

The only court the Constitution creates is the Supreme Court, the rest are all creations of Congress, and they can get rid of those if they choose.  When you read about how this came about it almost seems like it was an after thought to most of them. Clearly lacking insight and vision.

As a result the other huge mistake the Founder made was not defining the duties, responsibilities, and boundaries for the Supreme Court, and then by giving them lifetime appointments that allowed them to determine what they were, and if there were any on their own. I doubt most of the Founders ever dreamed it would all get so big, and so fast.

If you notice no one in the Trump administration seems to be panicking. No hysterics and emotionally ineffective hyperventilating, so, I’m of the opinion Trump and Co. knew this was going to happen, perhaps hoping it would happen, setting the judiciary up for a Constitutional confrontation. The federal judiciary has been a loose cannon since the 1803 Marbury v. Madison ruling,  and now it’s almost completely out of control, and to the point the general public is seeing them for who and what they are, and the public doesn’t like it, many fearing the courts threaten the existence of the Republic.

The Constitution says the Congress determines the jurisdiction of the federal judiciary, not the judiciary

This is the opportunity to push Congress to exercise their Constitutional authority to start restricting the federal judiciary’s activist judges, and more importantly pass a Constitutional Amendment that does two things. Ends lifetime appointments, and do what the founders failed to do…. define the role of the judiciary, and with consequences for failing to stay within the boundaries of those definitions.   And any Constitutional Amendment that fixes this should include a provision that all federal judges must be natural born citizens.

As I stated, the only court the Constitution creates is the Supreme Court, and when you read about how this came about it almost seems like it was an after thought to most of them. Clearly lacking insight and vision.

The idea behind lifetime appointments was to ensure their independence and not be impacted by politics.  That has been an abject failure almost from the beginning, and in the last 100 years it’s been a dismal failure, one that’s been tolerated by the Congress.

The courts gave themselves that power, not the Constitution. The Constitution says it’s the Congress that determines their jurisdiction, and the failure of the Congress to stop so much of what has gone on doesn’t make the federal judiciary’s actions successful, or right, it merely shows how gutless Congress is.

When the founders put this in the Constitution those who opposed it warned the very things we’re seeing right now was going to happen, and they were right, as people will always be people, and people need boundaries to hold them in check.

 The federal judiciary after the Supreme Courts Marbury v. Madison decision in 1803 has morphed into an almost entirely political institution that just occasionally rules harmoniously with the Constitution.  

The federal judiciary is filled with political hacks, and if you ever watched some of the judiciary hearings for those who are nominated, especially when Senator John Kennedy is questioning them, you can easily conclude most of them are not the brightest pebbles in the brook, and they're dishonest.  

There's a nautical phrase, "may you have follows seas", which means may the waves move in the same direction as the ship, and I'm of the opinion that's what will be happening in the federal judiciary.  Not for all, because some are blatantly corrupt and incompetent ideologues, and we can't replace them without their consent.  That needs to be changed.

Everyone on the left is relying on the courts to ignore the Constitution to stop Trump’s “restoration to normality”, and this is the hill conservatives need to die on by challenging the myth of judicial supremacy, and better yet....again pass a Constitutional Amendment to fix the founder’s greatest Constitutional error; lifetime appointments for the federal judiciary. 

The Constitution says the supreme commander of America's military is the President of the United States.  The judiciary thinks they are!

Follow the money: 10 Dem-appointed judges blocking Trump 'They are trying to make it hard for the administration to pursue its agenda' - Federal judges ruling against President Donald Trump's recent executive actions have been almost entirely appointees of his two Democrat predecessors. Some were previously activists, others were steeped in Democrat politics, and one is a former clerk for then-Judge Sonia Sotomayor. These judges have issued rulings to block Trump's policies on immigration, federal spending, the Department of Government Efficiency, and other matters....
 
After all the lawfare corruption and the outrageous behavior of the federal courts does any sane person in America have faith in the judiciary?  This is a war, and it's going to get messy.  
Trump is draining the swamp, and the courts are telling him they don't approve, and are making decisions to prevent that.  Blatant judicial overreach”, illegally seizing power to block Trump's Constitutionally mandated responsibilities.   All of which is no only illegal it's  unprecedented.   All this is nothing short of a national conspiracy by the left to thwart Trump's agenda by flooding the courts with lawsuits.  
 
 
One of the most egregious of these radical judges is U.S. District Judge Amy Berman Jackson, and she's decided the bureaucracy controls the Executive branch, not the President of the United States.

DOGE

If the President of the United States appoints someone to undertake some task, that's his right and responsibility under Article II of the Constitution, and this argument these DOGE employees don't have the proper security clearances is horsepucky. The intimate authority on security clearances is the President of the United states. If says their cleared, they're cleared, and he doesn't need confirmation or permission from the FBI or anyone else. Most assuredly he doesn't need permission from the federal judiciary. 

DOGE has exposed amazing levels of waste, and the corruption by the Administrative State is so bad,it makes the 19th century’s patronage system look good.  In spite of that the federal judiciary says none of that matters.

  • Federal judge blocks OPM from sharing data with DOGE. -A federal judge in Maryland has blocked the Department of Education and Office of Personnel Management from sharing the personal information of plaintiffs in a lawsuit against the Trump administration with Elon Musk's so-called Department of Government Efficiency. ...
  • Judge Rules Against DOGE Access to Personal Data -A federal judge temporarily barred the Department of Government Efficiency from gaining access to sensitive employee information held by the Office of Personnel Management and the Education Department, reports Reuters. OPM is essentially the HR department of the government, notes Politico, which calls the ruling by US District Judge Deborah Boardman in Maryland "the most wide-ranging block on DOGE's activities to date." Unless overturned, it could seriously crimp Musk's team. The judge is an appointee of former President Biden.......
  • Judge Blocks Education Department, OPM From Sharing Data With DOGE  The judge, however, denied a request to prevent the U.S. Treasury Department from sharing information with DOGE employees. A federal judge on Feb. 24 blocked two agencies from sharing sensitive information with Department of Government Efficiency (DOGE) staff. “The U.S. Department of Education; Denise L. Carter, the Acting Secretary of Education; and their officers, agents, servants, employees, and attorneys are ENJOINED from disclosing the personally identifiable information of the plaintiffs and the members of the plaintiff organizations to any DOGE affiliates,” U.S. District Judge Deborah L. Boardman wrote in a 33-page order............
  • US judge blocks Musk’s cost-cutting team from Treasury data - A US judge issued an emergency order early Saturday blocking Elon Musk’s government reform team from accessing personal and financial data for millions of Americans stored at the Treasury Department, court documents showed.

How dare the President appoint people to carry out his orders demanding information and accountability?  The message from the judiciary?  Let the corruption continue. 

HIRING AND FIRING

I've tried to save articles dealing with all the issues the defines the problems between the Judicial and the Executive  branches of government.  One of the arguments from the courts is these people he's firing had terms of office, and they're right.  But they didn't have immunity to firing.  If the President of the United States feels they need fired, they're fired, irrespective if their term in office hasn't finished yet.  

The President of the United States is the Executive, and those decisions are his alone.  The courts have no jurisdiction, and even if Congress were to pass a law that tried to make those appointments permanent and a President signed off on that, none of that changes the Constitution which declares that the "executive power is vested in the President."  

Any law passed by Congress does not obviate what's laid out in the Constitution, and they've been trying to do that for decades, the right to bear arms is just one of many examples.  

Judge Blocks Trump’s Firing of Head of Office of Special Counsel - A federal judge has ruled against President Donald Trump’s firing of Hampton Dellinger, head of a federal watchdog agency, in the first ruling on a case that will test the scope of presidential power, after the Trump administration’s petition to the Supreme Court to fast-track the case was knocked back.

Until now I’ve felt impeachment of federal judges was just a waste of time, even Jefferson noted to get the required two thirds vote in the Senate was going to make it almost impossible, and that was when the Congress was far more harmonious, and much, much smaller.  I now think that’s a worthwhile endeavor, not because I think the Senate will concur, but because it will force transparency on how these misfits are abusing their positions, and the Constitution.  Hopefully that will create impetus for a Constitutional Amendment that ends lifetime appointments to the judiciary.
  • Yet Another Biden-Appointed Judge Sabotages Trump - A radical Biden-appointed federal judge on Wednesday ruled President Trump does not have the authority to fire a member of the Federal Labor Relations Board..
  • Obama-Appointed Judge Reinstates Biden Appointee After Trump Fired Her -A federal judge has just permanently reinstated a Joe Biden appointee to her job in the federal government after President Trump fired her from the Merit Systems Protection Board. The MSPB is “the primary agency used by civil servants to file complaints within the federal government,” and Cathy Harris is the chair of that board. She was confirmed by the Senate in 2022 and she has a 7-year term...... Also Here....
  • Corrupt Obama-Appointed Judge Extends Order Reinstating Hampton Dellinger, a Fired Traitor Joe Holdover - Update: President Trump urged the US Supreme Court to intervene. “In short, a fired Special Counsel is wielding executive power, over the elected Executive’s objection, to halt employment decisions made by other executive agencies. The MSPB, the entity that respondent argues is responsible for supervising him, is deferring to his stay requests so long as the requests are rational. The MSPB, moreover, is being led by a Chairman who has herself been fired by the President, only to be reinstated by a district court,” Trump’s Acting Solicitor General Sarah Harris said in a petition to the Supreme Court
  • Federal Judge Rules Against Trump's Firing of Head of Special Counsel - A federal judge has ruled that President Donald Trump's decision to fire the head of the special counsel investigation was unlawful. The judge's decision comes after legal challenges surrounding the dismissal, marking a significant development in ongoing legal proceedings. 
  • Trump DOJ Hits Back After Corrupt Obama Judge Rehires Biden-Appointed Labor Board Leader Gwynne Wilcox - The DC Circuit Court of Appeals ordered Wilcox to file a response by Tuesday and the Trump DOJ must reply by Thursday. The Trump Justice Department on Monday filed an emergency motion for a stay pending appeal after a corrupt Obama judge reinstated a Biden-appointed labor board leader.
  • U.S. District Judge Amy Berman Jackson Rules the Bureaucracy Controls the Executive Branch, Not the President - Not unexpectedly, U.S. District Judge Amy Berman Jackson has ruled that unelected bureaucrat, Hampton Dellinger, the U.S. Office of Special Counsel head has more unilateral power within the executive branch of government than President Donald Trump. [RULING pdf HERE].......
  • Mr. Chief Justice, please spank Judge Amy - Too many liberal judges seeking some attention or trying to confront the Trump White House...Here we go again. Another liberal activist judge needs a "legal" spanking. Yes, I wrote "legal" so that I don't get a visit from whoever protects the judges.........another federal judge has misread the U.S. Constitution. They think that Article 2 only exists when a Democrat is in The White House. Let's check the story: Not unexpectedly, U.S. District Judge Amy Berman Jackson has ruled that unelected bureaucrat, Hampton Dellinger, the U.S. Office of Special Counsel head has more unilateral power within the executive branch of government than President Donald Trump.

IMMIGRATION 

In spite of the nation's laws governing immigration, which falls in the domain of the legislature and the executive, the courts have decided the Constitution is all wrong, they know better, and it's time for the nation to finally understand it's up to them to make the nation's laws, because they don't like the laws that Congress passed. 

  •  Judge Block Trump's Suspension of Refugee System - A federal judge in Seattle blocked President Trump's suspension of the nation's refugee admissions system on Tuesday, saying that while the president has broad authority over who comes into the country, he cannot nullify the law passed by Congress establishing the program. ..........
  • Obama Judge Blocks Trump Admin From Conducting ICE Raids at Some Churches - A federal judge on Monday blocked the Trump Administration from conducting ICE raids at some places of worship. US District Judge Theodore Chuang, an Obama appointee, blocked ICE raids on the churches, which filed a lawsuit against the Trump Administration....
  • Another Leftists Judge May Face Consequences for Trying to Sabotage Trump’s Agenda - Calls are growing for a judicial opponent of President Donald Trump to face consequences after blocking significant parts of his agenda this month.A Rhode Island judge overseeing one of the latest legal challenges against Trump was condemned on Tuesday by GOP Rep. Andrew Clyde (R-GA), who said the ruling by District Judge John McConnell is “hurting the American people” more than the president.............

SPENDING

Article I of the Constitution states:  

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” The Constitution first vests all federal legislative powers in a representative bicameral Congress.  

Nowhere does it give the Judiciary legislative power.  The budget process belongs to the Congress, with confirmation by the President.  Nowhere in the Constitution does the Judiciary have a say in that matter, although they've usurped that on a regular basis.

Even the Supreme Court has fallen victim to the insanity on spending,  Supreme Court Says Trump Admin. Must Pay $2 Billion in USAID Funds, here, here, here, here, and it didn't set well with four of the justices.  You may find this article interesting, How powerful is the Supreme Court?

Well, none of this is sitting well with a lot of people.   Articles of Impeachment are being filed, but that's a hard row to hoe but I think it's worth the time in order to publicly expose what they're doing is illegal.  This idea has been floated but it would still be an exposure solution, not a final solution.  It might be worthwhile for the Congress to hold hearings calling all these misfits before them and making them explain their decisions.  This article asks an amazingly pertinent question. If the Supreme Court Is Going to Ignore the Constitution, Trump Should Ignore the Supreme Court.

Finally, and as we've watched this playing out you knew it had to come,  President Trump Signs an Order That He Will Ignore All Lower Court Rulings Until SCOTUS Rules on the Constitutionality of Activist Judges.  Now the ball is in SCOTUS' court.  


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