Separation Of Powers

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.

Most Significant Issue Of Entire Campaign: The Supreme Court Future And A Democratic Majority US Senate!

No more important issue is on the plate for this election year than the Supreme Court future, tied into a Democratic Majority US Senate!

The Republicans have made it clear that if Hillary Clinton wins the Presidency, but the Republicans retain the control of the Senate, that NO Supreme Court nominee will be confirmed, and in fact, not even considered in hearings.

This is totally unacceptable, and cannot be allowed to occur for the next four years, as effectively, that is destroying the whole purpose of the separation of powers and constitutional government!

The Supreme Court has been Republican majority since 1972, and finally, the tipping point to a Democratic and more progressive/liberal Court is in the offing.

Such issues as the following could end up before the Court in the next four years:

Abortion
Affirmative Action
Campaign Finance
Class Action Suits
Climate Change
Contraception
Gun Rights
Immigration Reform
LGBTQ Rights
ObamaCare
Redistricting
Unions
Voter ID Laws
Voting Rights

Donald Trump Determined To Take Republican Party Down With Him, And Must Be Soundly Defeated On November 8!

Donald Trump is becoming more nutty and dangerous by the day!

Just imagine such an unhinged President, a constant constitutional crisis.

This man would be ready to wage war over any slight; dictate to Congress and the courts, even though there is a separation of powers in our Constitution; suspend the Bill of Rights at every criticism by news media; and he would, most certainly, have the most corrupt administration in American history.

He is like a human tornado, totally unbalanced and reckless, and it would seem that even Republicans would work with Democrats to remove him from office by impeachment, but meanwhile, the nation would suffer greatly in both economic and foreign policy crises.

Donald Trump seems determined to bring the Republican Party down with him, and is on the attack against Speaker of the House Paul Ryan and Senator John McCain in particular, and he has crazy followers who are following him as if he was a Superman.

He is a menace of massive proportions, and all decent people must mobilize to insure that there is no chance of a close election, as then he can claim it was “rigged”.

Trump needs to lose by a massive landslide, and win less than 40 percent of the vote, and be totally rebuked and punished.

The Republican Attack On The Constitution: A Threat To American Democracy!

The Republican Party loves to assert that the Democrats, and progressives in particular, are attacking the Constitution, and that they are the experts on the Constitution.

So therefore, in this Presidential primary season, and in the party membership in Congress, there are statements constantly attacking the court system, anytime that a federal judge or court issues a decision against the conservative view of the Constitution. There are condemnations and calls to change the court system on a regular basis.

One would think that the Democrats and their progressive friends have dominated the courts in recent decades, which, of course, is the exact opposite of the truth!

One forgets that from 1969-2011, there have been only 15 years of Democratic control of the Presidency, as compared to 28 years of Republican control.

The vast majority of federal judges have been Republican appointments, as a result, and Republican Presidents have made a total of 13 Supreme Court appointments over those years, and Democrats have made only 4, two by Bill Clinton and two by Barack Obama!

But now,. Newt Gingrich calls for judges to be required to testify before partisan Congressional committees, a violation of the separation of powers, and a danger to an independent judiciary!

What it comes down to is that Newt Gingrich and all of the Republican opponents, with maybe the exception of Mitt Romney and Jon Huntsman, wish to create a court system that would move away from the path breaking changes that the Supreme Court brought about during the years of the Warren Court, Burger Court, and Rehnquist Court including:

Brown V. Board Of Education
Miranda V Arizona
Roe V Wade
University Of California V. Bakke
Lawrence V Texas

As it is, there are threats presented by the Republican growth of dominance on the federal courts to all of these issues–racial integration, rights of criminal suspects, abortion rights, affirmative action, and gay rights.

The Republicans will not be contented until there are reversals on all of these issues, and a return to the “good old days”, when minorities “knew their place”; police had unlimited rights over those they questioned or arrested; women had no control over their reproductive rights; minorities and women had disadvantages, as compared to white males, on educational and job opportunities; and gays were forced to remain “in the closet” and face open discrimination and hate without recourse!

So when the Republicans claim to understand what the Founding Fathers meant at the Constitutional Convention, they are forgetting that those esteemed leaders put into the Constitution the “Elastic Clause” to allow for expansion of the Constitution beyond the original document, in order to make the Constitution a “living document” adaptable to changing times.

The real threat is not what the federal courts have done in the past sixty years! It is the attempt of conservatives and the Republican Party to negate the great progress brought about the Supreme Court and lower courts in the past sixty years, and revert back to the years after World War II, when all of these great changes started slowly to evolve through courageous judges and Supreme Court Justices, including Earl Warren, William Brennan, Hugo Black, William O. Douglas, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

“None Of The Above” Best Choice In Iowa Republican Caucuses!

After a Fox News Channel debate last night, preceded by the ABC News debate earlier this week, and both debates conducted in Iowa, it is clear that the best choice for Republican Caucus voters is to vote “None Of The Above”, as it is obvious that none of the candidates are truly worthy of their support!

The only candidate worth considering is Jon Huntsman, who did not participate in the ABC News debate, although he did in the Fox News debate. But he is not making a major effort in Iowa, anyway, focusing his attention in New Hampshire, where he has experienced a surge to third place, as disillusionment with Newt Gingrich and Mitt Romney is mounting.

Mitt Romney did better in last night’s debate than the one earlier this week, while Newt Gingrich showed his weaknesses and shortcomings yesterday, particularly his patronizing attitude toward Michele Bachmann, who actually has had some good points to make in these past two debates, against both Romney and Gingrich, who she has labeled as “Newt Romney”!

Rick Perry has only managed to propose a “part time Congress”, similar to what Texas has, which explains why Texas is so poorly governed! The fact is that Congress needs to spend MORE TIME, not less, in dealing with the problems of the country! Gingrich wanted to change our Constitution also, like Perry, by calling for federal judges to be subjected to congressional challenge face to face, a whacky and dangerous idea for the “separation of powers” doctrine.

Ron Paul may be the one to benefit from all this, as it seems more likely that the vote in Iowa caucuses may be very evenly divided, with a narrow win by Paul being possible!

So it might be that “None Of The Above” is the best answer, ultimately, in the Iowa Caucuses!

Senator Arlen Specter’s Farewell Speech: Condemnation Of Chief Justice John Roberts And Associate Justice Samuel Alito On Judicial Activism, And Of Right Wing Republicans! :(

Senator Arlen Specter of Pennsylvania is retiring after a distinguished 30 year career, plus having served in local government, and on the staff of the Warren Commission investigating the assassination of President John F. Kennedy almost a half century ago.

Specter, often seen as a difficult man to work with, and possessing a large ego, lost his Senate nomination race to Joe Sestak after switching back to the Democratic Party that he had long ago been a member of, until he converted for a long time to the Republican Party.

Specter was head of the Senate Judiciary Committee during the hearings for the nominations of Chief Justice John Roberts and Associate Justice Samuel Alito, and today he denounced both Justices for violating their testimony during the hearings, which indicated they believed in precedent (stare decisis), but then proceeding to use judicial activism and violating the separation of powers doctrine, particularly in the Citizens United Case in January of this year, allowing unlimited spending by corporations after nearly a century of strict regulation by Congress of such actions.

So Specter joined the criticism of President Obama, enunciated by the President in his State of the Union Address, which annoyed both Roberts and Alito, with Roberts making a clearcut statement of dissent, amid hints that neither Justice might attend future State of the Union Addresses, which if actually done, would be highly inappropriate.

Specter also condemned right wing Republicans such as Jim DeMint of South Carolina, who worked against moderate Republicans in a number of states, causing the loss of seats for the party.

One thing about Specter–he does not worry what others think of him, and his leaving Congress will make it a less interesting and principled place for sure!

Justice Antonin Scalia And Separation Of Powers Seminar To Congressional Conservatives Headed By Michele Bachmann: An Egregious Conflict Of Interest! :(

Minnesota Congresswoman Michele Bachmann, one of the most controversial members of the House of Representatives, one of the leaders of the Tea Party Caucus in the House, and infamous for outrageous statements and actions and for promoting political confrontations, has now gone beyond the pale.

She has decided that members of Congress should take “courses” on the Constitution, the Declaration of Independence, and the Bill of Rights, all designed to promote the “conservative” interpretation of these sacred documents.

Anyone serving in Congress should be expected to KNOW these documents by heart, and should NOT be promoting a distorted view of these documents, as Michele Bachmann and her ilk have been doing for years already! And to allow the Tea Party Movement, with its distortion of history and reality, to be the so called “cosponsor” of this series of seminars is even more outrageous!

But it gets worse, as Associate Justice Antonin Scalia, the most conservative member of the Court in the past hundred years, and a promoter of “originalism”–the concept that every legal decision should be based only on 1787 and the Constitutional Convention, with no consideration of modern times or changes in the 223 years since 1787–has agreed to give the first seminar on “separation of powers”!

Does not Justice Scalia realize that “separation of powers” means just that, and that therefore, it is inappropriate for him to be trying to influence or in any other way involve himself with actions of the legislative branch? πŸ™

The Supreme Court is supposed to be non-political in nature, but apparently if a conservative such as Scalia wishes to be political, that is alright. And if Justice Clarence Thomas’s wife wishes to become involved in a pressure group that could theoretically have an influence on future cases before the Court, that apparently is fine! πŸ™

But imagine if Justices Stephen Breyer, Ruth Bader Ginsberg, Sonia Sotomayor, or Elena Kagan were to lecture to a liberal Democratic group or advocate a modernist view to people on Capitol Hill, you can be assured there would be moves to impeach them as having violated “separation of powers”!

This is the double standard, the hypocrisy, of conservatives, Republicans, and the Tea Party Movement, who all claim to be “holier than thou”, when they are engaged in clearcut violations of the Constitution by what they are doing, and what Justice Scalia has agreed to do!

But then, Justice Scalia, as brilliant as he is recognized to be, is also an extremely arrogant man! That sums it up! πŸ™