Reining in Unruly Judges

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Earlier today, a friend posted a question apropos of the recent federal judges’ blocking of the President’s immigration/security restrictions. This was my comment:
To your question, “How do we best send a message to these biased judges, with no regard for the constitution or law, that we are tired of our President being undermined?” These thoughts are common sense (and forgive me for digressing from your question), but they helped me think it through.

Yours is an important question, for these judges make little or no appeal to the Constitution. They appear to be raw ideologues who, if their use of the Constitution is any indication, harbor contempt for it. So what to do?

1. BALANCE OF POWER. To the extent these rogue judges can be held accountable, the legislative and executive branches of the federal government need to step up and exercise their responsibility.

2. PUBLIC PRESSURE. Some judges may be influenced by public pressure (sad, because they ought to be invested solely with the Constitutionality of laws). But truthful and measured pressure in the form of letters to the editor, rallies, social media posts, letters to the judges themselves––perhaps even resurrecting a sense of shame––may sway some of them.

3. AN EDUCATIONAL TOOL. Use these rulings as a yuge [sic] example of judicial overreach. What a poignant illustration for young people of an unruly federal judiciary, and of why the Founders provided effective checks and balances.

4. EVERY SENATOR’S RESPONSIBILITY. More than any other reason, Americans voted for Trump because of his promise to nominate judges to the U.S. Supreme Court “in the mold of Justice Antonin Scalia.” Some in the federal judiciary need a Constitutional reawakening, however, one that calls for changes that are deep (requiring fidelity to the Constitution) and wide (applying to judges in every federal district and appellate court). A senator who says, “As long as judicial nominees are educationally qualified, I will vote to confirm them,” is being unfaithful to the Constitutional responsibility of Advice and Consent.

5. SHARP FOCUS, FAITHFUL COMPLIANCE. Amidst the present drama, it is critical that this administration remain focused on all the promises it made to voters. This may require standing up to entrenched interests. If Congress fails to comply with the clear will of the American people––as expressed in the promises and now policy of this duly-elected administration––federal judges will not be the only ones to raise the ire of voters.

6. THE CONTENT OF CAMPAIGN PROMISES MATTERS. Constitutional self-governance will be restored one election at a time…on into the future. Office holders who continue to put self-interest above the people’s freedom, or ignore the Constitution––especially in a day of citizen journalism––will find it hard to hide.

7. POWER AND LOVE. Love is the most powerful, most healthy, most enduring, and most effective force in the world. The love of freedom (from the beginning, religious freedom) inspired our Founders, and it’s alive and well today.

8. THE PEOPLE. At the end of the day, it’s up to this free people.