Posts Tagged → judge
Re: Disaster Named Harrisburg, Kudos to Judge John McNally
Dauphin County Judge John McNally made me feel so proud the other day, because he held the City of Harrisburg liable for all the major bullhooey it has poured onto mere citizen Mike Brenner. Brenner has literally been fighting City Hall because City Hall brought the fight to him.
Brenner made the mistake of leasing his property to the Harrisburg City Public Works Department, where men and machines are stored. After the city stopped paying rent to him for the use of his property, but nonetheless occupied the premises and allowed it to fall into disrepair like the rest of Harrisburg has, Brenner went to court.
Who wouldn’t go to court in these circumstances? The law is the law is the law, and no one is supposed to be above the law. The law is supposed to apply to everyone equally, and especially to government agencies and entities.
Well…the temerity of this citizen! Who is he to expect just compensation from the City of Harrisburg?! Who is he to expect the city to live up to its legal obligations?
So instead of being a standup guy and paying Brenner what he has been long owed, Mayor Eric Papenfuse decided that the city would not only renege on its signed lease with Brenner, but then commence eminent domain proceedings against him to take the property by force.
So here we have a county judge who recognizes corruption and evil when we and he sees it, as personified by the sweaty faced lump of Jello that is Eric Papenfuse, and he issues a decision that the city must actually live up to its lease terms and pay Brenner what the city owes him. Never mind that what the city is doing, what Eric Papenfuse is doing, is downright evil and the very definition of abuse of official power.
Does anyone wonder why Harrisburg has fallen to pieces over the past four decades, with most taxpayers fleeing to better locales? All my life I have either visited my family here, or lived here, and it just keeps getting worse and worse.
Thanks only to Judge John McNally, Harrisburg City’s mayor is getting the comeuppance he has long been due to receive. Now let’s see the citizens of Harrisburg wake the hell up and begin voting for better human beings to make our city’s official decisions for us. We cannot afford losers like Papenfuse to continue to bankrupt Pennsylvania’s capital city with petty coercion and minor league control games.
p.s. When first elected as mayor, Papenfuse swore that people would go to jail for the fraudulent incinerator debacle that bankrupted the city. Several years later he has swept it all under the rug. Eric, you are an incompetent, lying sack of sh*t, and you cannot go back to running your used bookstore soon enough. Then let the federal charges begin to rain down on his sweaty, greasy head.
p.p.s. I am a plaintiff in an ongoing lawsuit against my beloved city over its patently illegal anti-gun ordinances it passed several years ago. Papenfuse has also engaged in a lot of virtue signalling with that unnecessary lawsuit, while costing us taxpayers yet more money. The guy is a disaster.
A culture of protest, a culture of animosity
If you desire to see the raw underbelly of an overly tolerant democracy, then watch or listen to today’s US Senate hearings on Judge Kavanaugh.
Kavanaugh is a smart, friendly, humble, kind of nerdy, bookish federal judge who had the audacity to be nominated to the US Supreme Court.
Why audacity? Because he is not super liberal. Because he does not walk in lock-step with the media arm of the Democrat Party. Because he has a judicial philosophy that is directly connected to how America was founded. He does not run around making legal judgments that are contrary to the US Constitution.
All this makes him audacious in the eyes of people who would use the US Supreme Court to achieve de facto legislative results they cannot get in the US Congress. Kavanaugh is audacious in some people’s eyes because he dares to fill a vacant seat on the Court, and play a constructive role in administering US law and jurisprudence.
To me, it looks like the most boring job in the world. Though at one time, in the heat of my youth, I aspired to be a constitutional scholar and actually studied a lot of constitutional law at Penn State and in graduate school (Vanderbilt) in preparation for it. My uncle has argued twice in front of the US Supreme Court, and on his second trip I was honored to help draft an Amicus brief and sit in the audience while the justices grilled both sides.
But now, look at how even Kavanaugh, The Most Boring Man In The World, is attacked and dragged through the mud by opponents of a lawful society. A shameless howling mob greeted him and the entire world today in one of the world’s most hallowed democratic chambers, the US Senate. To watch and listen to Kavanaugh’s opponents today in The People’s chamber, you would not know that we live in the most civilized nation.
From the 1960s to present, a culture of protest has developed to the point where the ends justify the means. That is, if someone opposes a political issue or a political person, they can go batshit crazy in front of everyone and put on the most foolish antics, with the craziest accusations, and the most violent and destructive behavior, because they are simply protesting.
And because they are protesting, they must be correct, is how they think. And if people oppose them, or have a majority in a legislative chamber or on a court, then every possible brick must be thrown in order to stop them…is how they think.
Where protest has its healthy roots in the First Amendment’s guarantee of peaceable assembly and petitioning the government, today’s protests are anything but constitutional. They are violent and hate filled, lawless and vile, cruel and destructive of people and property.
A very real culture of animosity has resulted out of the 1960s, and it is a bad thing, a toxic thing, corrosive and uncivilized. Its practitioners do not wish to live and let live; they desire control above all, and the use of angry mobs and threats to intimidate their opponents into acquiescence.
In the 1930s and 1940s, Hungary fell the same way. Slowly but surely the Communists there used a combination of violent mobs and corrupted police and courts to eliminate their political opponents. The Hungarian Communists used democratic processes and institutions to achieve non-democratic, tyrannical ends. Hungary went from one of Europe’s great nations to completely oppressed under the Communist boot. Only through uprising and great sacrifice were the Hungarian people freed once again, long after many horrible repressive crimes had been committed.
That same thing is now happening today with the national Democrat Party, whose hatred for the common person, the working person, the taxpayer and citizen, America’s “normal” and boring people, like Judge Kavanaugh, is so overwhelming that it can no longer be controlled.
If you love America, if you enjoy your simple pleasures and the basic freedoms we have here, then tell your US senators you support Kavanaugh, and do not vote for Democrats. The national Democrats do not have your interests at heart. Democrats care much more for illegal aliens (purported “victims”) who murder and rape our children than they care for you or me, taxpaying citizens who have worked hard to build this nation.
A good, decent man, a Justice Kavanaugh will restore some semblance of lawful and constitutional behavior to America, and the howling mob opposes that. Don’t let them win. They are not “protestors,” they are angry, lawless destroyers who pretend they are under the protection of the First Amendment.
2017 Year in Review
Looking back on 2017, it is tempting to list all of great accomplishments, and the few failures, of the new administration in DC.
One could spend a week discussing them all, but for the sake of time, here is one person’s opinion about what we have gained, and what we have yet to gain, from the new administration.
Gains
Where haven’t the citizens of America gained under the policies of the new administration?
From tax reform to ending executive policies designed to bully American citizens through the illegal use of government coercion, President Trump is daily deleting prior executive orders, and often substituting his own pro-freedom policies in their stead.
One gain has been the reining in of the US EPA, a place at which I used to work as a policy and legislative staffer, and which has long had an unprofessional staff culture of political activism substituting for careful reasoned decisions, shaped by law, in the interest of the American People. Fundamental transformation of USEPA was long overdue. The same can be said for NOAA, a huge source for fake climate change junk science, which is now getting a new chief who actually is a meteorologist and who does actually know a thing or two or three about Earth’s climate. How refreshing.
Another gain has been the moving of the American embassy from Tel Aviv to Jerusalem. No, this decision is not about Israel, it is about Western Civilization, of which tiny outpost Israel is the canary in the coal mine. Trump made this decision in the face of United Nations opposition, the same corrupt UN that is run by the biggest tyrannies in the world. He made this decision in the face of violence and threats of violence pouring forth from literally every single Muslim nation. The embassy move draws a stark contrast between a Christendom determined to survive, and everyone else. Sorry, the Jews are just the foil here, not the cause celebre.
Failures
If there is one friction point of real consequence in Washington, DC, it is that surface where the federal judiciary meets the executive branch.
Populated with political radicals, the federal judiciary has rogue judges who routinely use their positions to legislate from the bench, not adjudicate within the constitutional confines of their actual duties. They try to implement specific policies, instead of determining whether or not the question before them is simply constitutional, or not. They continually usurp powers from the executive branch, to the point where these judges have set themselves up as the actual bureaucrats running America.
Got a grievance? Bring it before the right federal judge, and you could get a very detailed, specific holding directing the executive branch of government to implement a certain policy in a certain way under a certain time frame.
The first problem here is that the judiciary rarely has actual jurisdiction in these subjects, because they are wholly functions of the executive branch. Immigration is one such area. Immigration and borders are clearly left to the executive branch to run. And yet America has federal judges who routinely issue holdings they believe will block the implementation of the executive branch’s functions. And these same federal judges will do the same things repeatedly, defiantly, even after the US Supreme Court has struck down their previous decision. These rogue judges are using their official positions to advance social justice causes.
A similar policy subject is gun regulation.
Despite the US Supreme Court’s Heller decision and others like it, lower courts routinely issue holdings on gun regulation that are in direct, clear conflict with US Supreme Court decisions.
A third policy subject is transgenders in the military. Recently a federal judge held that the US military must accept transgenders, ignoring the clear separation of constitutional powers between the executive branch and the judiciary. The executive branch has sole discretion over who it allows into the warfighting military, and civilian courts have zero jurisdiction. For a federal judge to insert himself into military matters is a clear violation of the US Constitution.
The second problem with this is, this is not the way the court system works.
Lower courts are always bound by the holdings of higher courts and by the duties and roles clearly spelled out in the US Constitution. Judges who disregard the higher courts and the Constitution, and instead issue their own politically motivated holdings, are destroying the rule of law in America. They are far overstepping their boundaries, and trying to make law and policy instead of deciding law or remanding a decision back to the political process. In essence setting themselves up as dictators who make all legislative, policy, and legal decisions.
If these rogue judges are successful, America’s court system will become meaningless. It will be a random assortment of competing political decisions governing hundreds of millions of citizens, made by a small handful of unelected people in black robes. These are decisions that are supposed to be hashed out through the political process by elected officials, accountable to the American People through elections and votes.
So, the failure here for the Trump Administration has been an unwillingness to simply disregard these rogue judges, and then move ahead with the administration’s immigration policy, foreign policy, and military decisions. Moreover, Trump’s administration should be openly calling for the impeachment and removal of these rogue judges. Official abuse of power is the most serious threat to American representative government, it must be confronted head-on, and that is not happening. Why is a mystery, because if there is one hallmark of this presidency, it is this president’s willingness to and enjoyment of directly communicating with the American People in the clearest terms.
Conclusion
The rogue judges issue highlights a scary fact that most establishment Republicans are loathe to address, and that is how liberals will do absolutely anything to impose their will on the American People.
The liberal lust for power and control, as marketed through “social justice” causes, means that their ends always justify their methods. It means that all officials with liberal opinions have to do is claim a higher moral ground, higher than existing law, and implement their views through their official role, no matter if it clearly contradicts established law, procedure, and policy.
This of course is not how any democracy or republic works. It is politically unsustainable (it is patently illegal), but it is evidence that liberals will burn down America in order to wrest control of it from the American People, or to prevent their political opponents from running it as the result of elections that liberals are unhappy with. It is also evidence that establishment Republicans have zero fight in them, because they do not believe in anything more than making more money than a person has use for.
If there is a need for a new political group in America, it is one that is focused on documenting official abuses by federal judges, and then working to hold them accountable. Impeachment and removal from the bench is what is needed.
So, in conclusion, 2017 was a very good year, an exciting year, and we can hope for more of the same in 2018.
Election Day: Judges matter, and here is who matters most
Here in Dauphin County we have four candidates to choose from for three seats.
I have some connection to each candidate, though much less with one. My opinions about each candidate is based on extensive personal experiences with them over many years.
If you care about having fair judges in front of you or your friends in the court room, then here is who you would vote for:
- Ed Marsico. Though Ed is very much a moderate “establishment” Republican, and he is cross-filed as both D&R, Ed is probably one of the most experienced judicial candidates Pennsylvania has ever had. Ed’s proximity to the state capital area has given him the unique opportunity to prosecute the widest variety of crimes. I admit to being frustrated that Ed did not stand up for his lieutenant, super-qualified deputy prosecutor Steve Rozman, back in the primary race, instead of going along with the county GOP politicized endorsement process. Ed is a fair guy, and he will be an outstanding judge. Please vote for Ed Marsico.
- Royce Morris. Royce represents the Abraham Lincoln wing of the Republican Party, though cross-filed as a D&R, and is a person who has been a highly respected defense attorney for a wide variety and spectrum of people caught up in the beginning and later stages of criminal law procedure. Royce would be the first black member of the Dauphin County bar, and while that alone might motivate some people to vote for him, voters can rest assured he is interested in actual justice per the law. Royce is a refreshing face in the judiciary for so many reasons. Please for for Royce Morris.
- John McNally. John is the only candidate running as a Republican. The three local people reading this blog already know well that John McNally and I have suffered a decreasingly effective relationship over the past six years. So too speak. John is very much a political establishment insider and ladder-climber, and several times a beneficiary of lame political shenanigans, endorsements and financial largess that were not reflective of the other candidates in various races he was a candidate in. John and I have had our differences, and we have run against each other directly and indirectly. We are about as opposite on so many issues and ways of doing things as you can find. That said, John has undergone some serious personal growth and introspection in the past couple years that could only produce a better person and a better judge, and I am setting aside my own personal history. Please vote for John McNally.
The fourth candidate is attorney Lori Serratelli, who was appointed to a vacant county judgeship last year. Lori is a good person but a political extremist, to be honest. Of the four candidates on the November 7th ballot, she is the one most likely to legislate and activate from the bench, disregarding law in favor of the current liberal method of dispensing with jurisprudence and dispensing politics, instead. We have seen this model as recently as this week, when a federal judge decided she was the new Commander in Chief of the US Armed Forces, using her civilian (non-military) court to overreach into the executive branch’s business by blocking a military decision by the US President. The current President made a decision that overturned a decision by the past Commander in Chief, and this federal judge decided to insert herself into the command structure. Lori is very much cut from this same activist cloth. We don’t need this model in central Pennsylvania. Please do not vote for Lori.
Judge, Jury, and Executioner…Judge, Congress, and President
Federal Judge Watson from Haw’aii has demonstrated a passion for power far beyond his designated duties, but similar to the recent approach of the Venezuelan court.
How?
First he ignored US law and the US Constitution, and ruled against an executive order over which he had zero jurisdiction.
Then he actually stipulated details in his holding, as if he had written a law passed by Congress and signed by the president.
Then, after the US Supreme Court overturned his holding, he immediately accepted a new, repeat appeal of the same executive order that the US Supreme Court had just upheld, and then overturned the holding of the US Supreme Court, actually once again throwing in new requirements as if he had just written a law.
Judge Watson is behaving exactly the opposite of how a federal judge is supposed to behave, and he is also directly challenging the authority of the the entire US government, and most worrying, the US Supreme Court, to whom you would think he had some shred of loyalty.
Judge Watson wants to be judge, jury and executioner. Or in these exact conditions, he wants to be judiciary, congress, and president. And he is acting just as he wants to be, despite our nation’s law and Constitution clearly prohibiting his actions.
Judge Watson wants to rule by fiat, by declaration.
Judge Watson wants to be a law unto himself, unaccountable even to his fellow judiciary.
Judge Watson is a rogue political actor, abusing the legal process clearly defined by our laws and Constitution, for the narrow purpose of advancing his political agenda.
Making Watson’s actions worse is the cheering section he has among millions of Americans, who care only for process when it suits their goals and caring for it not at all when it gets in the way of their goals.
This cheering section also cares not for abiding by laws they disagree with, and they will therefore use any source of power or authority they can find to contradict the laws that have passed through the procedure by which we all agree to live.
So they cheer on Judge Watson the anarchist judge.
That this is the most elementary anarchy and not just corrosive but destructive of America’s foundations seems not to deter the cheering section. It is the end of the rule of law.
“Win at any cost and in any way” is their motto.
How anyone can live harmoniously with this shattered approach to governance is anyone’s guess. This is exactly how the American Civil War began in 1860, and it may well lead to another civil war in 2017.
Making this situation worse is a president and a congress who believe in not only playing by the rules, but excusing every rule infraction of their opponents, with the silly notion that somehow their opponents (the cheering section for anarchist Judge Watson) will eventually come around and accept the fact that they lost an election and are not, therefore, able to consolidate power and control through yet more abuse of the system as they had planned.
Our current president could take a lesson from prior presidents, who, having had quite enough of over-reaching judges, simply encouraged those judges to go ahead and enforce their unconstitutional holdings in the face of a lawful president doing what he was elected to do, enabled by law and Constitution.
Lacking the means of enforcement, those overreaching judges were forced to simply watch events pass them by, having undermined their own authority by their own hand.
Our current Congress could take a lesson from past congresses, stop being such limp di#ks, and act out their Constitutional authority, such as impeaching and removing from the judicial bench those rogue judges who threaten to tear down the very society they are sworn to uphold and protect. Like anarchist Judge Watson.
Friends, none of us has an idea of how this is going to work out.
About a third of the nation is in open, violent rebellion in the streets, and in the few halls of power they still control, against established laws and against the Constitution.
About a third of the country is itching for a fight to get the first third back in line, because we cannot afford the high cost of these illegal antics.
And another third of the country is drinking beer, eating hamburgers, going to summertime baseball games, and wondering aloud when the other citizens are going to get this all worked out.
America is equally divided into thirds, perhaps in the potential roles as judges, juries, and executioners, or as judges, elected representatives, and chief executives.
We are very close to working this all out peacefully, if we all agree to just stay within those established roles, because then we will have restored the balance of power among the three co-equal branches of government that has always defined American government.
Now everyone line up into three lines, pick one line, and stay there. Then vote, and stick with the result like adults.
Marsico, Rozman and Morris for Dauphin County Judge
If you consider experience and qualifications alone when selecting a county judge, then there are only three logical people to get your vote on May 16th, 2017:
Ed Marsico
Michael Rozman
Royce Morris
Ed Marsico has been Dauphin County’s district attorney for a long time, so long that I have lost count of the years. During his time as the chief law enforcement official for Dauphin County, Ed has always struck a balance of fairness and restraint, when lesser people would have given in to anger over some of the heinous crimes committed in the Harrisburg area. That always struck me as the sign of a well developed personality, because man, I did not feel that way about some of the scumbag criminals he prosecuted. I wanted a public stoning. Ed pursued justice. Without any stain on his long career as a visible and scrutinized public servant, Ed Marsico is the most qualified candidate for county judge in this race and one of the most qualified we have ever had. He has earned your vote. (Ed has done a great job as DA, and I and many others would have liked to have had him run for Pennsylvania Attorney General, but Ed is devoted to Dauphin County).
Michael Rozman has served as deputy district attorney under Marsico for a long time. Often laboring away out of the limelight, Rozman has racked up some of the greatest experience any lawyer can have. Rozman’s mastery of forensics, crime scene investigations, police interviews and interrogations, and knowing how to distinguish a bad boy from a true bad guy puts him head and shoulders above any of the other candidates, except for his boss, Ed Marsico. Again, if experience and outstanding qualification matters to you, if you want justice and not politics in the court room, and if you want to be judged by someone who has had decades of experience dealing with courts, criminal matters, justice, and police work, then Michael Rozman has earned your vote.
Royce Morris is also exceptionally qualified to be judge, and he is the Yin to the Yang of Marsico and Rozman. Morris has been one of Central Pennsylvania’s leading criminal defense lawyers for a long, long time. His view of criminal law is seasoned with the understanding of the behavior and reasons why certain bad things happen and how people either purposefully or mistakenly end up in the criminal justice system. Royce has received accolades from judges, jurors, prosecutors, defendants and police officers for the careful way he has handled some of the region’s toughest defense cases. Again, if experience is what you care about, and you want to be judged by someone who is not a party hack or a devotee of political climbing, then Royce Morris earns your vote.
It is true that there are other candidates for the three vacant seats on the Dauphin County court. But none of those candidates has anywhere near the hard-bitten experience dealing with tough crimes and careful analysis like Marsico, Rozman, and Morris have had.
The quality difference between the top three candidates and the others is measured in light years, which is to say an enormous gap, not even close.
Yes, it is true that a Republican political endorsement was made for this seat, which benefited one of the other candidates, and while I am no fan of political endorsements in general, if there is one place where a political endorsement does not belong, where it actually indicates weakness and not strength, it is during the selection of a judge. Politics has no business entering the court room or the judge selection process, and only you, the informed voter can stop it.
About eight years ago now-Judge Andrew Dowling was not endorsed by the Dauphin GOP, and he was told not to run, and yet he went on to win his seat on the court, overcoming what is obviously a very shallow and judicially meaningless political process. A better process would be to rank judicial candidates by a letter system, or by gradations of qualification (e.g. Highly Qualified, Qualified, Not Qualified). That election, when Dowling overcame the political hackery, was a refreshing reminder of the wisdom and power of the citizen voter.
Three years ago outstanding judicial candidate Bill Tully was passed over by the Dauphin GOP, and another, very young and less qualified candidate was endorsed. He was closer to the political establishment. The voters rejected that set-up, too, and sent Tully to be the next Dauphin County judge. That election, when Tully overcame the political hackery, was a refreshing reminder of the wisdom and power of the citizen voter.
Readers may ask why I write these essays about candidates and politics, and I will tell you it is simply because I have always had a passion for good government and fairness. Believe me, I make no friends writing these things, I receive no money and actually have lost business because of my opinions. And I have garnered some enemies along the way, too. But if Americans are not brave enough to stand up for what they deserve, then they get really bad government filled with political hacks who care nothing for the welfare of their fellow citizens. Maybe I am brave, maybe I am foolish, but I stand up nonetheless, and I tell it like I see it, and I tell it from the perspective of the person in the street.
Vote for Marsico, Rozman, and Morris, and you will get judges we can be proud of. That is my opinion.
Tyranny by Ten
This Tuesday, two and a half days ago, the 4th Circuit Court of Appeals created a new law about guns and gun ownership in America out of thin air and completely contradicting recent US Supreme Court decisions the lower courts are bound to follow
If you want to see why citizens’ faith in the judiciary branch has declined, this bizarre decision is the best latest example.
It is gross over-reach far exceeding the court’s authority, and nullifying all of the judicial precedent litigated and decided before by the highest court.
Recall that judges cannot make up law.
They are fully bound by precedent.
They cannot make up policies.
They cannot come to a conclusion that is outside the subject of what has been litigated in front of them.
They cannot second-guess Congress.
They cannot ask what personal motives were behind a president’s executive order.
It does not matter what a judge personally thinks. None of this is supposed to enter into a judge’s ruling. When it does, the ruling is meaningless garbage.
Judges can only interpret the laws that are passed by Congress and signed by the President, or the state equivalent. That is it. That is their sole scope and ability.
At their most precise and honest moment, judges simply determine if a law is Constitutional, or not, or if it needs to go back to the state or federal legislative branch for re-work.
Brazen activism like this week’s decision serves only to undermine the judiciary, not strengthen it, because people will either utterly ignore these wayward judges, or they will seek to have them removed from their office, for good cause. Or both.
I myself do not feel bound by this illegal decision, and I will not comply with it no matter who says I must. These ten judges-gone-wild do not outweigh the collective decisions of the populace. If this court wants my guns, the authors of this decision can come to my home and try to take them away.
Come and (try to) take them!
In this particular instance of judicial malfeasance, ten of the court’s fourteen judges decided on their own that a new legal test was needed, a test that had never been used before by Congress, by the framers, the Constitution, or prior courts.
These ten judges decided to call it the “weapons of war” test, and they simply state that the Second Amendment never intended for American citizens to possess “weapons of war,” which according to these judges include the basic AR-15 rifles that are commonly used to hunt coyotes every week across the nation. Never mind that this new test would have eliminated from their personal possession the very military grade guns the American Patriots used to defeat the British.
But obviously logic is not of concern to these judges. The language of the majority decision and supporting decision is florid, full of political and emotional hyperbole, uses sophomoric logic and impolitic language (“the American people deserve a break”), and is simply disconnected from Constitutional text or legal precedent.
It is the equivalent of my kids saying “So, there!” in an argument.
But wait, there’s more!
Beyond being merely political, the majority bizarrely state that the decision is consistent with the US Supreme Court’s Heller decision, when it is in fact completely contradictory. Talk about shades of Orwell’s “1884,” where up is down, black is white, etc.
This is not a legal decision, it is a political decision. It is a bold, defiant “I dare ya!” act by ten radical politicians wearing sombre black robes. And it is not just about guns. This decision is about rogue, out-of-control judges destroying the fabric of our Republic, which was not designed to turn over all issues to the judiciary, as if they make our every decision for us. This court throws the whole delicate machine of democracy out of kilter.
These judges are anti-democracy, plain and simple. They want a certain policy outcome, and because they cannot get it legitimately, legally, through the established legislative process, they simply want to wave a magic wand and make it so.
As much as this illegal decision shocks me, I do have to thank these judges, because they have outed themselves. By engaging in such egregious over-reach, illegally reaching deep into the realms of policy and law, they have willingly exposed themselves as frauds deserving of the most serious correction our system of government allows for – removal from the bench.
Now it is up to those American citizens who want to ‘drain the swamp’ and reclaim American government so that it serves We The People, to remove these anti-democracy activists from their sacred judicial roles. We can push to have them impeached or removed administratively.
Either way will do. Tyranny by ten cannot stand. We the People demand our rights.
Judicial independence, or over-reach?
Judges do not technically have an ability to do more than rule “Yes” or “No” on an issue that is both before their court and also justiciable.
However, for decades activist judges use “broad powers” to advance a political agenda and have continuously put average Americans on defense. This means overstepping boundaries around the judicial branch, reaching deeply into the legislative and executive branches. These activist judges ignore the elementary separation of powers at the heart of the American republic, and they establish themselves as rulers by fiat over all the little people.
Because all people (literally everywhere) want to respect judges, and the justice system, as the heart and soul of democracy and quintessential justice, a culture of deference has built up around even the most active judges who legislate from the bench. That culture is at work now as several extreme judges have ruled that President Trump’s executive order on immigration must stop. The truth is that the recent immigration order is both in keeping with existing law and with the Constitutional purview of the executive branch. Judges really have nothing to say about it. Technically speaking.
But, so powerful is the draw of an independent judiciary that Americans have for a long time given up their rights, liberties, even our immediate safety to even the most obvious judicial political over-reach. Plenty of judges create “rights” where none existed before, or take rights that are expressly stated in the US and most state constitutions. The problem with this is it is unsustainable.
Judges are not elected, and when they act as if they are, and as if they are part of the political system from which they are supposed to remain aloof, they undermine the entire system of law that delicately balances upon their shoulders.
What is now happening as more and more judges engage in out-and-out political action, is the American citizenry believes less and less in what those judges do. The citizenry is losing confidence that those judges are capable of upholding the basic tenets of America, first and foremost.
A truly independent and cautious judiciary is one that passes up most legal complaints, focusing instead on the truly important ones that cut to the heart of American representative government. America is far beyond that now, and here is what we ought to be doing about it:
First, the executive branch must ignore the rulings of imperial activist judges. Simply ignore them, because judges have no actual enforcement power. Ignoring activist holdings will strand activist judges and draw attention to their powerlessness, re-focusing attention on the real heavy weight of truly well-considered holdings. Activist judges have only themselves to blame for this.
Second, activist judges must be removed from the bench, either through elections, impeachments, or administratively. For far too long judges acting far beyond their natural limits have gotten away with murdering democracy, and it is time for Americans to reclaim their freedoms. It is time to focus our efforts on reining in judicial over-reach, so that we might have an independent judiciary worthy of our admiration, respect, and deference.
Exercise the power of the People to impeach and remove bad judges
Both the United States Constitution and the Pennsylvania Constitution make plain that American and Pennsylvania state governments derive their power from the People.
But my, oh my, have we not seen a tremendous erosion of privacy and basic individual rights and liberties over the years as government power to regulate and surveil expands. Much of this starts with local law enforcement.
Over and over again we read with amazement how some official government regulatory or law enforcement arm commits another over-reach deep into some poor citizen’s life. And then with even greater amazement we read how some judge, especially federal judges, uphold what would appear on its face to violate the US Constitution’s Fourth Amendment. Here are some headlines:
“Ohio Court upholds police forced entry into private home over failure to signal at traffic light…”
“New Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security”
“Judge Upholds Police ‘Code of Silence’ Ruling…U.S. District Judge Amy St. Eve decided Thursday decided not to toss out part of a jury’s decision that found Chicago police operated under a “code of silence,” according to the Chicago Tribune.
Last month, a jury found the police department obstructed the investigation into the beating death of bartender Karolina Obrycka at the hands of off-duty police officer Anthony Abbate in 2007.
U.S. District Judge Amy St. Eve decided Thursday decided not to toss out part of a jury’s decision that found Chicago police operated under a “code of silence,” according to the Chicago Tribune.”
“Police can forcibly take DNA samples during arrests, judge rules”
“Federal Judge Upholds Warrantless Hidden Surveillance Cameras On Private Property”
“Court upholds dismissal of ticket quota lawsuit”
“Utah Cops Arrest Teen for Recording, Judge then Orders Teen to Admit Guilt before Trial”
“Law-Breaking Judges Took Cases That Could Make Them Even Richer
Federal judges aren’t supposed to hear cases in which they have a financial stake. Dozens do it anyway.”
And the granddaddy of them all, a truly unbelievable case in which a federal judge recently decided the police can simply take over your home and eat your food without any reason whatsoever:
“The Nevada case of Mitchell v. City of Henderson still slogs through the Nevada Federal District Court. This case has one unusual feature. It accuses police in two cities of quartering themselves in two private houses without the consent of their owners. This would breach the Third Amendment to the U.S. Constitution, which deals with quartering of soldiers. The defendant city officials say police officers are not soldiers. But the Mitchells actually have a thirty-two-year-old precedent on their side. That case says one need not be an active-duty U.S. armed service member to be a “soldier” under the Constitution………………….the police in Henderson wanted to “stake out” the Mitchells’ neighbor. They forced the Mitchells (and Anthony Mitchell’s parents) out of their homes, moved in for the time of their stakeout, and helped themselves to whatever was in their refrigerators and pantries. They even arrested Anthony and Michael for obstructing the police. Those charges could not possibly stick, so the city dropped them. But the Mitchells are still suing, on every ground they could possibly cite.
The Third Amendment portion of the Mitchell complaint has been dismissed as of February 2015. The judge held that police officers are not soldiers for the purposes of the Third Amendment; he also expressed doubt that occupying the property for less than 24 hours would constitute ‘quartering’, although he did not specifically rule on that aspect.”
And so on. You can do your own Internet search on this subject and read the stories behind these headlines and many more. The purpose here is to call attention to the problem of judges who clearly allow unconstitutional government behavior to proceed.
And what is to be done with US Supreme Court justices who lie under oath in their nomination and confirmation hearings, in order to be confirmed, and then begin ruling exactly the opposite of what they testified to in the US Senate?
In all these instances, the People – us, the voters, taxpayers, and citizens of America – should take the necessary steps to legally remove these failed public servants from their benches. These are no longer judges in the essential sense of the term, and they certainly no longer look out for the basic rights and liberties of the People.
So they must be impeached or recalled.