The Stain of Judicial Activism

  • Post category:Opinion

Politically Motivated Witnesses

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It has become apparent during the impeachment process several government officials have put their own beliefs and agendas above Constitutional Law, impinging on President Donald Trump’s ability to implement presidential directives,executive orders, and to make foreign policy.

U.S. Army Lieutenant Colonel Alexander Vindman was apparently guided by his feelings, political views, and perhaps money and power. In an attack on the president’s authority, Vindman complained in testimony to Congress about comments he claimed were made by President Trump during the President’s conversation with Ukrainian President Volodymyr Zelensky.   Vindman testified Trump made “demands” of Zelensky and “was concerned by the call, what I heard was improper.”

Former US Ambassador to the Ukraine Marie Yovanovich’s ambassadorship to the Ukraine was terminated by the Trump administration.  In fact, a January 5, 2017 NY Times’ headline read “In Break With Precedent, Obama Envoys Are Denied Extensions Past Inauguration Day.” Firing those who served a previous administration is not abnormal, but Trump actually allowed Yovanovich to continue serving until he determined it was not good for the US. 

She demonstrated how correct Trump was in removing her. Intending to undermine the president and his lawful authority in terminating her, she testified against him during the impeachment proceedings. Yovanovich’s firing is not surprising, as Judicial Watch is investigating actions ordered by Yovanovich. They found she was possibly attempting to have the State Department monitor the president and prominent Conservative individuals and journalists. Such monitoring is not only wrong, but unlawful actions. Both Vindman and Yovanovich were career bureaucrats who put their personal beliefs (perhaps guided by money and corruption) before their duties to the country and the American public they should be serving.

Political Activism Run Amok

The list of those putting their political views above the law, the Constitution, and the president’s legal authority doesn’t stop with Vindman, Yovanovich, or Congress. Judges in the Ninth Circuit Court of Appeals and other courts on multiple occasions have defied the president, his authority, and right to put forth executive orders. Presuming to know better than President Trump, they have overruled his lawful executive orders on immigration. 

Perhaps the Founders didn’t envision a judiciary which would disavow their oaths of office. 5 US Code 3331 Oath of Office requires those taking the oath to affirm their intentions to support and defend the Constitution of the United States against all enemies, foreign and domestic.

Such activism is not limited to the judicial branch. In the previous administration, President Obama supported enemies of the United States, including both Hamas and the Iranian regime. There are some men and women in Congress who have been blatantly violating the law and have attempted to rip the constitutional right to due process to shreds, who apparently violate their oaths of office for gain!

Justice Gorsuch, Man of the Hour

Well, folks, we finally have someone who has stood up against the onslaught of judges who have violated their oaths of office. These judges have bowed to the pressure of liberal organizations and officials whose agenda is to bend the constitution and statutory law to suit themselves. US Supreme Court Justice Neil Gorsuch addressed those activist judges’ actions. These justices have issued injunction after injunction to stop the president from reversing the canker eating away at the constitutional protections placed by the Founders to protect the nation and its citizens. 

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Alarmed at the judicial overreach by said activist judges, Gorsuch noted that “equitable remedies…are meant to redress injuries sustained by a particular plaintiff in a particular lawsuit.” He continued by explaining the overreach occurs when the judges order the government to take action that will affect parties not involved in the suit, effectively expanding the scope of the court’s power.

No Honor in Judicial Activism

Justice Gorsuch noted there existed a need to confront the practices which have become commonplace. There is no honor in judicial activism which has seen these injunctions issued with the effect of sowing chaos for all litigants, the government, and courts. Gorsuch also noted the trend, facilitated by the activist judges, of shopping for a friendly forum by the respective plaintiffs. He ended his comments by inferring these actions are nothing for which the offending judges and parties should be proud.

The United States Supreme Court, in a 5-4 decision, struck down the injunction by the New York judges in the United States Court of Appeals for the Second Circuit. The Trump administration can now deny green cards to immigrants dependent upon the government for benefits. 

The Erosion Must Be Stayed!

One must ask what has happened to our government. The government we once depended upon to uphold the laws and the Constitution has become criminally complicit in the overthrow of our constitutional republic! How has it come to pass that the judicial and legislative branches and, during the last administration, the executive branch as well, have so often displayed an absolute disregard for the laws of the land? 

The continual erosion of the standards once held high in honor has caused those standards to slip through the hands of Lady Liberty to be washed away in the sea of Deep State corruption. All those who value the treasured Constitution laid down for us by the Founders must stand and speak loudly, as Gorsuch has done, before the last of our rights erode.

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