It has been noted that we have 677 Federal District Court judges and if just one of them objects to a Trump action, it is stopped…and we are instructed that only the nine Justices of the Supreme Court can really do anything about it…when and if they decide to get around to it. This is not, however, how our Constitutional system works. Or at least is supposed to work. Another person has pointed out that the Covid response kinda showed the entire Constitutional system is gone – if they could lock us down for a bad cold, then what rights do we really have? This is a strong point – but I’m still going to stick with the Constitution.
We simply have to make it work – because the alternative is a Caesar and I don’t want that. I’d bequeath the next generation liberty, if I can. If pressed to it I will bequeath them mere sanity…but I’ll try for liberty. And that means we have to make this system work – make the Constitution do its job.
The more I think about it the more I come to the conclusion that Trump must have a showdown with the judges. A direct defiance of a court ruling – written down as an Executive Order. No mistake about it – the ruling will not be enforced, all those charged with ignoring the ruling are granted a preemptive pardon. Basically telling the courts to jump in a lake – and challenging Congress to impeach and remove because that would be the only thing anyone could do about it. But it has to be done with care – and Team Trump is already setting the table for it…because the Constitutional crisis isn’t in a Trump defiance, but in the courts issuing rulings. It is the judges who are busting the deal, not Trump.
Some on the Right are still not getting this – and Chris Withans (@chriswithans on X and a definite must-follow; he’s a kid compared to us so you will get polls on which weird 2010 band is best, but he’s sharp as a tack on politics) gives the reason:
Literally the only reason why they think Trump is pushing the limits of the law too much is that the legal right has never fought as much as the legal left has, so we don’t see how fast-and-loose Obama and Biden play with the law and the Constitution.
I remember so many legal conservatives saying there was no point in challenging Biden’s student loan actions because of standing and the vagueness of the laws in question (which surprise surprise is meant to give discretion to the executive branch), but fortunately Missouri did so we ended up with a couple of key decisions to block it.
And then Biden of course violated the orders but because the legal right already undermined the case by saying we had no standing, they put themselves in a disadvantageous position to complain about Biden’s post-SCOTUS executive actions.
Nutshell: we’ve never really fought this out. Think about the 2000 election court cases – W naturally fought tooth and nail over Florida because that was the decisive electoral college State. Those EC votes decided who was going to be President. And Florida was as close as it was likely due to voter fraud…but so, too, were Iowa, New Mexico and Wisconsin. It is very likely, in my view, that a full audit of all 4 very close 2000 States would indicate W won all of them…and likely won the popular vote once you backed out the fraudulent votes. The 2000 election was the perfect time to fight out the overall issue of Democrats stuffing ballot boxes, which is something they’ve always done and GOP insiders always knew was done. There was zero chance we were going to lose Florida once the first recount was done as long as the W people kept an eye out for Democrat skullduggery (in this case, trying to post-facto manufacture just enough votes to get Gore over the top). But had it been fought out in all 4 close States, it would have exposed the Democrats then and there because such a fight would show that Gore did not come remotely close in Florida, either…that some late night ballot box stuffing was the source of the disputed election result…and this fight would have created a massive backlash against Democrat cheating and lead to a much more secure and honest election system. Nope. Nothing doing. W and his people accepted the stuffed ballots in Florida and held on to merely saying (in effect) that the Democrats didn’t cheat enough. The W team just wanted to get the power…not actually do something with it. That was the point of the Florida 2000 exercise…and that is the way the GOP has always fought legal battles: on the narrowest possible grounds.
We can’t be narrow – it has to be point blank we’re right, they’re wrong and our way will prevail. A district court judge does not have the power to issue a nationwide injunction and the Article II powers of the Presidency may not be taken away by any law or court ruling. The President may hire and fire at will and does not have to expend appropriated money. We have to make the battle the People vs the Judges. It is a fight we must have, it is a fight we can win – and by winning restore the actual Constitutional order. The judiciary is not a referee nor a last resort for the losers of the last election. Political matters are to be settled by politics. Period.







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