Clinton V Jones

The Struggle Of Donald Trump With Chief Justice John Roberts More Dangerous Than Earlier Challenges Of Presidents To Supreme Court Chief Justices

Donald Trump has challenged Chief Justice John Roberts and the Supreme Court, just as he has challenged every other institution of government, but Chief Justice John Roberts seems well prepared to deal with Trump, if and when he gets out of hand.

It is certainly a dangerous struggle, as Donald Trump has an authoritarian bent unlike any earlier President, but it seems clear that Roberts is ready to do what must be done to keep the President within the Constitution.

Earlier in history, there were major confrontations of Thomas Jefferson and Andrew Jackson with Chief Justice John Marshall; Abraham Lincoln with Chief Justice Roger Taney; Franklin D. Roosevelt with Chief Justice Charles Evans Hughes; Dwight D. Eisenhower and Richard Nixon with Chief Justice Earl Warren; Richard Nixon with Chief Justice Warren Burger; and Barack Obama with Chief Justice John Roberts.

But Trump has demanded that the court system favor him in all of his executive orders, and other executive actions, but the Court has refused to back him on a regular basis, leading Trump to say that there are Clinton Judges, Obama Judges, and Bush Judges, but Roberts responding that there are no such descriptions, as all are dedicated to the rule of law, a true rebuke of the President.

On a recent executive order to deny asylum automatically to those who seek it, the Court ruled 5-4 against it, with Roberts joining the four Democratic appointments on the Court, and he has earlier upheld ObamaCare in 2012, and at other times, has sided against conservatives.

It is clear that Roberts sees the Supreme Court as “his Court”, and is concerned about the reputation of the Court long term, so one can be assured that if a case comes up against Trump trying to grab too much power, that he will, likely vote against him, as the entire Court, including three Nixon appointees, voted against him in US V. Nixon of 1974, and when the Court, including two Clinton appointees unanimously voted against Clinton in the Clinton V. Jones Case of 1997.

US V Nixon; Clinton V Jones; And Now US V Trump?

In 1974, the Supreme Court, by 8-0 vote, told Richard Nixon that he had to hand over the Watergate tapes to the Special Prosecutor, which led to Nixon’s resignation a few weeks later.

In 1997. the Supreme Court, by 9-0 vote, told Bill Clinton that he could not avoid trial on sexual harassment charges brought by Paula Jones, simply because of his Presidential duties, which led to the impeachment and trial in 1998-1999.

The point of these two cases, US V Nixon, and Clinton V Jones, is that the President is not in total charge, and can be held to account by the Court system of America.

Donald Trump is about to get the same reality check, as the case involving the ban of all immigration from seven Muslim nations goes to the 9th Circuit Court, after a District Court Judge showed courage in stopping the enforcement of the President’s executive order. This is seen by most legal experts as unconstitutional, as a violation of the First and 14th Amendments, and being used against nations that have sent no terrorists to America, while other nations that have, are not included in the ban.

Donald Trump seems to think he is above the law, and his authoritarian, autocratic and tyrannical behavior must be nipped in the bud right now!