Federal Judiciary

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.

The White, Educated, Republican Suburbs Moving Toward Democratic Party In Age Of Donald Trump

Early signs are that the white, educated Republican suburbs are moving toward the Democratic Party in the age of Donald Trump.

If one goes by the elections in New Jersey, Virginia, and now Alabama, that seems the beginning of a trend.

The Democrats need to pursue this, rather than just attack Donald Trump.

They need to emphasize job growth, education, health care, and the dangers to our national security represented by the “bromance” between Donald Trump and Vladimir Putin, what seems like Russian Collusion.

They need to show that they have a positive program of change, and rally people around the harm to our environment and consumer protection by the Trump Presidency, as well as the harm done with unqualified judicial appointments, and in our diplomacy with other nations.

If the Democrats work to offer alternatives and point out common goals for people of all races, and both genders, they can win the majority in both houses of the Congress, in many state legislatures, and in the gubernatorial races coming up in November 2018.

Judicial Intervention Against Trump On Travel Bans, Sanctuary Cities, Transgenders In The Military: The Judiciary Vs. Donald Trump For Now, But Future Is Gloomy

It is due to several federal district court judges, appointed by Republican Presidents George H. W. Bush and George W. Bush, and Democratic Presidents Jimmy Carter. Bill Clinton, and Barack Obama, that the worst violations of the Constitution by Donald Trump have been prevented from being fulfilled.

On Trump’s travel bans against Muslims and others from several nations; on penalties against “sanctuary cities” which protect undocumented immigrants; and on banning transgender soldiers in the military, these judges have denounced the President for unconstitutional actions, and have been able to stop his destructive tendencies.

Eventually, the circuit courts and the Supreme Court will have to deal with much of the damage Trump has wrought, and there is no certainty of the outcome.

And Trump and the Republican Party in the Senate are in the process of ramming through a large number of judicial appointments, only needing 51 votes to confirm nominees.

These nominees in many cases are totally unqualified and augur a time of incompetent judges who will do great damage to the constitutional norms that Americans are accustomed to, including justice and equality of treatment under the law, which clearly, Donald Trump has no interest in enforcing.

This is another reason why the movement to force Donald Trump out of the Presidency as soon as possible is so significant for the health of the Constitution and Bill of Rights.

Donald Trump’s Authoritarian Bent Grows

Donald Trump’s authoritarian bent is growing daily.

He intervenes to say what should happen to Bowe Bergdahl in the criminal justice system, and it backfires on him.

He intervenes to say that the terrorist who killed eight people and wounded twelve in lower Manhattan should get the death penalty, after first suggesting that he be sent to Guantanamo Naval Base, where terrorists from September 11 remain housed, and that insures complexities in the upcoming trail of this perpetrator.

He intervenes to say that the Justice Department and the FBI should follow his desires, and go after Hillary Clinton and the Democrats, with his constant chant of “Lock Her Up” still being mouthed by his crazy supporters in the general population.

He intervenes to attack the news media for reporting FACTS, and the judiciary for going against him on his travel bans, when it is their job to report, and to follow the Constitution, not the President’s orders.

Donald Trump is emerging more and more as a Fascist, who needs to stopped in his quest for absolute power before it is too late, and the Republican Party in Congress will be condemned in history if they do not step in and stop him pronto.

We are not a dictatorship, and Donald Trump is not an Emperor or King, and he must be put in his place.

Thankfully, the Mueller investigation is moving forward toward ultimate accountability and justice, which should consider not just removal from the Oval Office for Donald Trump, but prison time for him and his son in law and son as well.

HUGE Victory For Obama And Democrats In Reform Of Filibuster Use!

Finally, after almost five years as President, Barack Obama can savor victory, knowing he will be able to get his nominees for all federal executive branch positions and federal judiciary, except for the Supreme Court, confirmed by the Democratic Senate. Majority rule will govern, as it should, and as it does, in the House of Representatives!

And because the Republicans shot themselves in the foot, not allowing the approval of three nominees for the DC Circuit Courts, they will now see the federal courts tip dramatically toward Democratic and more liberal judges!

At the moment, there are exactly 390 federal judges appointed by Republican Presidents, and an equal number of 390 federal judges appointed by Democratic Presidents.

If Mitch McConnell, the Senate Minority Leader, had allowed the confirmation of those three judges that were just voted down by the use of the filibuster, requiring 60 votes to move a nomination, then the balance would have remained on the federal courts between Democratic and Republican appointments.

But now, that is not so, and the Democrats and Barack Obama will gain a potential total of 93 appointments for vacancies on the courts, making for a one sided Democratic control of the judiciary, which will last for years, as the judiciary are on the court for life, not limited terms.

So as the Republicans lick their wounds, and realize their abuse of the filibuster in the past five years, and their arrogance, have led to this moment, the Democrats have a lot to celebrate about, as nothing is more important than affecting the future of constitutional law, and the Republicans have given the Democrats a huge victory, which will reverberate for decades, and give those who believe in progressive reform and change, a sense of hope that there IS a future in America, for others than rich, white people!