Checks And Balances

Is Chief Justice John Roberts On Road To Judicial Leadership Of John Marshall, Charles Evans Hughes, And Earl Warren?

Chief Justice John Roberts is clearly a conservative on the Supreme Court, but he is also very much aware of and concerned about the turmoil in American society, and concerned about the long term reputation of the Court, as well as his own historical image, since he has a sense of history.

So Roberts has surprised Court watchers in some of his decisions, and he has emerged as the “swing” vote on the Court, as only he can prevent the Court from going so hard to the Right that it will lose its image of being an institution that promotes fairness and equity under the Constitution.

So expect that John Roberts will become a true judicial leader on the level of John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969).

These three Chief Justices, generally acknowledged as the three greatest of the 16 previous Chief Justices before Roberts came to the Court in 2005, all demonstrated courage and principle, and came into conflict with Presidents.

Marshall had to deal with the strong opposition of Thomas Jefferson and Andrew Jackson, while Charles Evans Hughes had Franklin D. Roosevelt challenging the Court during the Great Depression, and Earl Warren steered the Court in a direction not always agreed with by Republicans Dwight D. Eisenhower and Richard Nixon.

Now John Roberts has to deal with Donald Trump, who he has already issued a criticism, when Trump spoke of “Obama Judges”, “Bush Judges”, and “Clinton Judges”, with Roberts asserting there is no such thing as judges based on a President, but rather judges adhering to the Constitution as they see it.

This makes it quite clear to many observers that Roberts is ready to take a more moderate stand than he does typically, as he did in saving the Affordable Care Act (ObamaCare) in 2012.

Expect Roberts to side, if necessary, with the four “liberals” on the Court (chosen by Bill Clinton and Barack Obama), with the constitutional crisis that has clearly arisen, including trying to convince the four conservatives selected by both President Bushes and even the two Trump judges, to consider how the Court was unanimous in curbing President Richard Nixon in the Watergate Scandal 45 years ago, and Bill Clinton in the Paula Jones lawsuit 22 years ago.

It is the Supreme Court that is being looked to as the ultimate government branch to rein in a President far more abusive than Richard Nixon, and to reassert separation of powers and checks and balances.

The “Imperial Presidency” Of Arthur Schlesinger, Jr. in 1973 Is Now Much More Powerful And Abusive Under Donald Trump

A half century after famed historian and scholar Arthur Schlesinger, Jr. published “The Imperial Presidency”, criticizing the growth of Presidential power under Richard Nixon, and tracing how much the Presidency had grown in authority and abuse since the 1930s, we are now faced with a Presidential office much more powerful and abusive than it was back in the time of the Watergate Scandal.

After Watergate and the resignation of Richard Nixon, the Presidency declined in authority under his two successors, Gerald Ford and Jimmy Carter.

But under the Republican Presidents Ronald Reagan, George H. W. Bush, and George W. Bush, abuses and scandals abounded, and many cabinet members and other top personnel were in legal danger, but with many of them pardoned over time.

By comparison, Bill Clinton had sex scandals which led to his impeachment, but otherwise, there was very little indication of scandals and abuse of power, although the Republican Party pursued him as if he was a major criminal.

And under Barack Obama, while there were no scandals or abuse of power, the Republicans did everything they could to undermine many of Obama’s initiatives.

But now under Donald Trump, the Republican Party has gone back to its promotion and endorsement of abusive Presidential power under Reagan and the Bushes, but now at a multiplied rate, endangering the balance of power between Congress and the Oval Office, much greater imbalance than ever before, all in the name of party loyalty to a fault.

We now have a lawless President who has declared he will not answer any subpoenas for materials, or allow any government official in the executive branch to testify before Congressional committees.

Therefore, the whole concept of separation of powers and checks and balances, designed by the Founding Fathers in 1787 to prevent a future King George III under the new Constitution, is now meeting its greatest challenge under a President who elevates the image of Richard Nixon, as by comparison, Nixon is like a “choir boy”, although clearly Nixon was a menace worthy of the attention of Arthur Schlesinger, Jr.

Donald Trump’s Government Shutdown Creating Psychological Torture On Millions Of Americans, And Endangering Public Health And National Security: A Criminal Act Which Should Lead To Immediate Removal From Office

Donald Trump’s Government Shutdown. now in its 34th day, is creating psychological torture on millions of Americans, and endangering public health and national security.

It is a criminal act, unsurpassed by any President in American history, a grab for absolute power by a tyrant who wishes to destroy our Constitution and system of checks and balances.

It should lead to immediate removal from office, not even wait until an impeachment trial, as it is endangering

a great economic depression;

a danger of nuclear war;

a public health and safety crisis regarding our food and drug supply;

the likelihood of a massive terrorist incident as horrible as September 11;

the danger of a disaster in air traffic;

the eviction from homes and apartments of millions of Americans, making them homeless; causing massive hunger and starvation;

the undermining of the health of the elderly, the disabled, the poor, and those with serious diseases;

the worsening of morale of such crucial government agencies as the Secret Service, Immigration and Custom Enforcement, Transportation Security Administration, the Coast Guard, and innumerable other agencies;

the likelihood that many dedicated federal government agencies will see many of their work force permanently leave government service, creating a massive shortage of qualified people to take care of government services for 325 million Americans;

and causing America to become the laughing stock of the world, as the nation goes from one crisis to another every day, and every area of government policy getting worse by the days and weeks and months.

We have had two years now of crisis and anarchy, and it is just fortunate that there has been no major foreign policy crisis, but one can sense it is coming, and we have an incompetent, demented, unstable, ill tempered collaborator with the major enemy of the United States, Vladimir Putin of the Russian Federation, who wishes our nation ill!

Presidents In Conflict With The Judiciary Are Nothing New Historically, But Trump Could Be The Biggest Threat Yet To Our Constitutional System

The conflict of President Donald Trump with the judiciary is not the first time there has been a challenge from a President to the judicial branch.

Thomas Jefferson and Andrew Jackson had regular conflict with Chief Justice John Marshall and the federal courts in the first third of the 19th century.

Abraham Lincoln had vehement disagreements with Chief Justice Roger Taney in the era of the Civil War.

Theodore Roosevelt and Woodrow Wilson both found the Supreme Court as standing in the way of progressive reform in the early 20th century.

Franklin D. Roosevelt was so frustrated by a conservative Supreme Court negating important legislation of the New Deal in the mid 1930s, that he proposed the idea of adding six new Justices to the Court in 1937. This came to be known as the “Court Packing” plan, and was soundly defeated, including by members of his own Democratic Party.

Richard Nixon had issues with the rulings of the Earl Warren Court before he was President, and the continued Warren influence on the Court under his successor, Warren Burger. And, Nixon was stopped dead in his tracks in US. V. Nixon in 1974, forcing him to hand over the Watergate Tapes to the Special Prosecutor, Leon Jaworski, leading him to resign the Presidency in August 1974.

Barack Obama was critical of the John Roberts Court on its conservative decisions early on in his Presidency in 2010.

And now, Donald Trump has unleashed what many consider the strongest challenge to the whole federal judiciary, alarming many constitutional experts as far more dangerous and threatening to the checks and balances of the Constitution and the separation of powers.

It is clear that Trump has declared war on the judiciary, but it could be that the Roberts Court will smack back at him when cases regarding his abuse of power make it to the Court, so Trump may be “hoist by hid own petard”, and regret the attacks he has made on the whole court system.

Donald Trump And The Law: No Courts Or Judges, Ending Checks And Balances, Separation Of Powers, And The Constitution

Donald Trump is rapidly moving further “out of the loop”, now calling for no courts or judges to deal with children and parents at the US-Mexican border of the United States.

What he is calling for is the end of checks and balances, separation of powers, and the Constitution itself, which has lasted for nearly 230 years of our history.

If this is allowed to occur, then the rule of law is gone, and we are ever closer to an authoritarian, Fascist dictatorship, and this cannot be allowed to occur!

There will be marches and demonstrations in Washington, DC and all over the country this coming Saturday, June 30, against the Trump policy of separating parents and children coming to the border, trying to escape from bloodshed and violence in Central America, and the shipping of children as young as infants far away from their parents, and without adequate monitoring of how to bring children and parents together in the future.

Also, it is against the law for parents and children to be kept in detention, effectively in prisons, for more than 20 days, with that deadline coming on Tuesday, July 10.

A confrontation is coming if the Trump Administration refuses to follow court rulings on this matter in the next 15 days, and it is time for the Supreme Court to intervene, even if their session ends this week, to deal with this dangerous assertion of absolute authority over the law and courts by an out of control executive branch!

Donald Trump, The Authoritarian Who Loves Human Rights Violators, And Promotes The Same In America!

Donald Trump clearly is an authoritarian personality, and that should be alarming to everyone.

He is a fan of human rights violators, as in Russia, Turkey, Egypt, Saudi Arabia, and the Philippines, among others.

He talks law and order all the time, while violating law and order on a regular basis.

He is said to have been joking about how police officers should mistreat criminal suspects, forgetting that we have a Bill of Rights and a Constitution that has lasted 228 years.

He advocated violence against demonstrators at his rallies during the 2016 Presidential campaign, and his Attorney General, Jeff Sessions, is advocating a tough law and order approach that threatens civil liberties of all of us.

We have a system of separation of powers, and checks and balances, but Donald Trump would love to tip the balance and make himself a dictator, if only he could get away with it.

That is precisely why he must be fully investigated for his actions during the 2016 campaign and while in the Oval Office since January 20, as he presents a menace to our basic freedoms, even more than Richard Nixon in the 1970s.