There have been many reasons offered by those of us who value the Constitution, want to keep our Republic intact, and want to see a sane fiscal approach, and the reduction in size and scope of the federal government, to defeat the Leftists. Let me offer one more, that to me is high on the list of reasons to vote no on the national Democrats. That is our Judicial System and the Courts.
I am thrilled that President Trump has gotten through more judicial appointments than virtually any president in our history. I am thrilled that he has had two appointments to the Supreme Court, 44 Circuit Court justices, and 112 District Court justices. That is phenomenal but is it lasting? Some have said, this will extend well into the future and stymie the Leftist agenda significantly. That is partially true and is only true if we keep them out of power.
I am surprised at how many in the public and in Congress seem to demonstrate a lack of awareness of the Constitution and its provisions. Having just endured three-plus years of 24/7/365 attacks against this president what would prevent the Democrats from totally revamping our court system if they could? Before you say, they cannot, let me offer a small warning – YES, THEY CAN! They can use the very document we treasure, the American Constitution.
We know that Congress has the power to impeach both the president and judges. It is unfortunate that members of Congress are aware of their power to pack the Supreme Court by expansion and many in the public think that the SCOTUS is the president’s court to pack. The President nominates, but Congress can expand the number of justices but a frightening power it wields is the power to abolish entire federal courts.
The only federal court-mandated by the Constitution is the Supreme Court but regarding the ‘inferior courts’, Article III states that Congress, “may from time to time ordain and establish” them, which it has done numerous times. The implied portion of that authorization and power is that they can also ‘abolish them’. Simply, they can expand or contract the number, size, scope, and jurisdiction of those lower courts. They would need more than the House of Representatives to do that, but should we allow them to gain full control of our government they have demonstrated a willingness to do ‘whatever it takes’ to achieve their objective. America be damned and their agenda established.
That is far more than a hypothetical, it has already been done in our history. In our fledgling years, there was a concern that outgoing president John Adams would pack the judiciary with federalist. The Jeffersonians acted in 1802 to repeal the Judiciary Act of 1801. They abolished the courts the legislation had created and made no provision for the displaced jurists. Never mind that the constitution affords them lifetime tenure, The Supreme Court failed to acknowledge that omission and a precedent was set, and the courts are too heavily invested in precedent from time to time.
There will likely be a time when the Democrats will, once again, have full control of our government. When that happens, they will follow the precedent and pattern set by this cutthroat group of swamp denizens and follow the model of ‘the end justifies the means.’ They will never allow a group of judges to thwart their efforts if they can prevent it from happening.
Let’s go back to the idea of Congress packing the Supreme Court. Yes, the president nominates but the number of justices on that court is not mandated by the Constitution. That number is statutorily set by Congress and in our history, the number has been than nine. The danger is that a liberal leftists legislature could raise the number to ensure an ironclad liberal majority. If they raised it to 15 and packed it with leftists, they would have a rubber stamp for all that they desire, and we would become their serfs with or without the chains.
That idea was floated by FDR and he sought to do just that. It has been proposed by some in today’s Democratic hierarchy. They see it as a sooner rather than later prospect and the only hindrance they have is regaining power. The Republicans are not as prone to use the tactics of the toxic liberal leftists but maintaining control of the government is imperative if we are to keep America free and a Republic.
Imagine an America where the Supreme Court was in the pocket of the Liberal Leftists Socialist Globalists Democrats. Our inalienable rights would be in jeopardy and the PC Police would rule with jackbooted tyrannical power. It would push the Republic over the edge of the precipice of destruction and the only possible outcome would be submission or war and forced submission.
Both sides, use the courts to validate what they want to do and often indicate that there is somehow ‘judicial supremacy’. That is not a constitutionally guaranteed power and as Andrew Jackson famously said, “The judges have made their decision – now let them enforce it.” They cannot and that tosses judicial supremacy out the window. However, as a Republic that values the rule of law and the decision of the courts, it would and that would create an ominous for freedom and liberty.
Those in the Democratic ranks such as Talib, Omar, Ocasio-Cortez, and others would not hesitate to take those drastic measures to ensure their power and control. They would eliminate any ‘inconvenient judicial rulings.’ They would immediately impeach Justice Kavanaugh and any other judge that they considered a threat to their agenda.
If the Left wins back total control of our government, Congress, the White House, and the Courts we will be faced with a 10th Amendment issue and the individual states will have to act in defiance of federal edicts. We would have no recourse but to engage in state-level nullification. Thomas Jefferson believed that was a ‘rightful remedy’ for federal overreach. It would probably plunge us into a full-blown revolution with guns, tanks, troops, and blood being shed in our cities and streets.
I do not want that outcome. I am committed to defeating the Democrats at every level possible and keeping the window of hope and opportunity open to the Republic. I am committed to praying for our nation, our president, those elected to govern, our judges, and all Americans. The Hope for America, in my view, is that GOD ALONE provides real hope for our continued survival as the Free Constitutional Republic given to us by the Founders.
God bless you and God bless America!