⚖️ Who Elected Them Boss? ⚖️ Open Thread

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Once again the battle over activist judges is raging on. This has been an issue for conservatives and other fair-minded citizens for a long time. For the others that don’t care and don’t understand the function of the courts it isn’t important.

Unless the media or the talking points tell them it’s important. Then they protest. They don’t know, care or understand what they protest but that’s how fools who think they know more than they know respond. like Pavlov’s dogs. It’s part of the epidemic of ignorance the infests our country.

Judges and Courts are back in the news because the 9th Circuit Court of Appeals has once again inserted itself into our lives.

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest of the thirteen courts of appeals, with 29 active judgeships.

According to the most current count, the Ninth Circuit has among the highest percentage of sitting judges appointed by Democratic presidents. Republicans argue the court is biased because of its relatively high proportion of Democratic appointees.

From 1999 to 2008, of the 0.151% of Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period.[Others argue the court’s high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases

I don’t think that being appointed by a Democrat president means all that much when you consider two of the most liberal judges on the Supreme Court, Souter and Roberts, were appointed by Republican Presidents.

How did we become to used to the courts, not our elected officials ruling us? When did our elected officials abdicate their duty and their power? For any politician to give up power is real news and mystifying.

 

  The Ninth Circuit Ignores Precedent and Threatens National Security  

Under its ruling, a state university could go to court on behalf of any alien, anywhere.

The Ninth U.S. Circuit Court of Appeals violated both judicial precedent and the Constitution’s separation of powers in its ruling against President Trump’s executive order on immigration. If the ruling stands, it will pose a danger to national security.

Under normal rules of standing, the states of Washington and Minnesota should never have been allowed to bring this suit.

Activist Judges Undermine the Constitution they are sworn to protect. But swearing to something means little these days. This country was not set up to be ruled by nine unelected people in black robes. Yet year by year and issue by issue that is exactly what is happening.

 

 

Checks and balances are an essential part of the American system—but so too is respect for Congress in interpreting laws.

Judicial activism is when courts do not confine themselves to reasonable interpretations of laws, but instead create law.

Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action. “Judicial activism” is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court.

In so doing, the court takes for itself the powers of Congress, rather than limiting itself to the powers traditionally given to the judiciary.

Each branch of government has it’s own essential role to play.

The Executive Branch

The executive branch consists of the president, vice president and 15 Cabinet-level departments such as State, Defense, Interior, Transportation and Education. The primary power of the executive branch rests with the president, who chooses his vice president, and his Cabinet members who head the respective departments. A crucial function of the executive branch is to ensure that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding the homeland and representing the United States’ political and economic interests around the world.

The Legislative Branch

The legislative branch consists of the Senate and the House of Representatives, collectively known as the Congress.

There are 100 senators; each state has two. Each state has a different number of representatives, with the number determined by the state’s population, through a process known as “apportionment.” At present, there are 435 members of the House. The legislative branch, as a whole, is charged with passing the nation’s laws and allocating funds for the running of the federal government and providing assistance to the 50 U.S. states.

The Judicial Branch

The judicial branch consists of the United States Supreme Court and lower federal courts. The Supreme Court’s primary function is to hear cases that challenge the constitutionality of legislation or require interpretation of that legislation. The U.S. Supreme Court has nine Justices, who are chosen by the President, confirmed by the Senate. Once appointed, Supreme Court justices serve until they retire, resign, die or are impeached.

The lower federal courts also decide cases dealing with the constitutionality of laws, as well as cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases. Decisions of the lower federal courts can be and often are appealed to the U.S. Supreme Court.

Checks and Balances

Why are there three separate and distinct branches of government, each with a different function? The framers of the Constitution did not wish to return to the totalitarian system of governance imposed on colonial America by the British government.

To ensure that no single person or entity had a monopoly on power, the Founding Fathers designed and instituted a system of checks and balances. The president’s power is checked by the Congress, which can refuse to confirm his appointees, for example, and has the power to impeach, or remove, a president. Congress may pass laws, but the president has the power to veto them (Congress, in turn, may override a veto). And the Supreme Court can rule on the constitutionality of a law, but Congress, with approval from two-thirds of the states, may amend the Constitution.

When the 3 branches work together as intended by the founders we are protected from tyranny by any one branch. When one branch becomes too powerful – we are not.

Obama was an out of control POTUS but the damage he did is far surpassed by what the courts have done. They have become more powerful. Curiously the other two branches seem to have no problem with that.

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23 Responses to “⚖️ Who Elected Them Boss? ⚖️ Open Thread”

  1. Rabble Rouser Reverend Amy Says:

    Excellent post, Marge – who indeed? I can’t remember who made this point on Fox this morning, but essentially they were saying that the three branches are co-equal, and that a judge could not supercede the President, especially on an issue in which the Executive Branch takes precedence, i.e., national security.

    So yeah – these judges are getting to be a bit too big for their britches.

    OH – and Mollie Hemingway spoke abt the media and what an over-the-top reaction they are having to this judge’s response considering how very many times the Supreme Court stood up to OBAMA, which they largely ignored. Uh, yeah…

  2. piper Says:

    Another excellent thread, Marge.

    I’m back in Wisconsin slowly getting back on schedule. Time wise I’m still on New Zealand time which is 19 hours ahead of us. Sleeping well but dragging until 3ish then have a burst of energy getting things done like laundry, opening mail which requires answers/filing not the garbage can (usually mail can be thrown out), making appointments, calling friends, and etc. Love traveling but the older I get I find I need more time to settle back into my old life.

    So happy that obama is out although he is still causing mucho problems. I never thought he would go away and become a mensch like Bush as he feeds on the constant narcissistic attention and adoration he gets by inciting people. My hope is one day that people will recognize him for the ass he was/is along with his government and policies.

    • kenoshamarge Says:

      Glad you had such a wonderful trip Piper. But we missed you.

      I hope you have lots of photos – I live vicariously through you and Amy and you images of your travels.

    • Rabble Rouser Reverend Amy Says:

      Great to *see* you again, piper! Glad you are home safe and sound. I can appreciate how hard it is to recover from being so far ahead time-wise. I can’t wait to hear more abt your travels!

      You ain’t only kidding abt Obama. He is such an attention monger that he will do whatever he can to stay in the public eye. His ginning up of so much animosity is unprecedented, though. What a piece of work…

      Hope you return to Wisconsin time soon! 🙂

  3. Rabble Rouser Reverend Amy Says:

    I swear, the NFL seems to be doing its very best to ensure I stop watching football. First the idiot Commissioner allowed Kapernick and other players to protest against the country while in uniform, and now this. WOW: http://www.dailywire.com/news/13413/nfl-threatens-texas-not-allowing-men-womens-amanda-prestigiacomo#

    • kenoshamarge Says:

      I watch less and less football all the time. Lou has nearly stopped too. Neither of us bothered to watch the Super Bowl.

      We never did watch many awards shows and now that they’ve just become one long, and boring Dem whine fest by a bunch of self-important pinheads we don’t even watch the Academy Awards as we once did.

      Last night’s Grammy crap was just a chance for a bunch of fools to dress up and play important. And it preempted, again, something I really did want to watch. So instead I watched “Raider’s Of the Lost Ark” on Amazon video. I didn’t even turn the television on. Why bother when I can watch so much on Amazon and not even have to fast forward through the commercials.

      The fools in sports and entertainment are digging their own grave. They will learn, maybe, that this new world has many ways of doing without the product they offer. And when they insult and demean 1/2 of the country with their crap they will lose revenue.

  4. kenoshamarge Says:

    Actually, 9th Circuit Judges, 72 Terrorists Have Come From Those 7 Banned Countries

    San Francisco’s Ninth Circuit court of appeals ruled against Trump’s travel ban, saying, “The government has pointed to no evidence… that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.”

    But it turns out that 72 people from those seven countries have been convicted on terrorism charges since Sept. 11, 2001, according to a study by the Center for Immigration Studies.

    “Thirty-three of the 72 individuals from the seven terror-associated countries were convicted of very serious terror-related crimes, and were sentenced to at least three years imprisonment,” wrote director of policy studies, Jessica M. Vaughan.

    “The crimes included use of a weapon of mass destruction, conspiracy to commit a terror act, material support of a terrorist or terror group, international money laundering conspiracy, possession of explosives or missiles, and unlawful possession of a machine gun.”

    http://www.dailywire.com/news/13395/actually-9th-circuit-judges-72-terrorists-have-joseph-curl

    • Rabble Rouser Reverend Amy Says:

      I could not BELIEVE when I saw the claim that terrorists hadn’t come from those 7 countries. That i just sheer ignorance or denial based on ideology. It is DANGEROUS in the hands of someone like a judge who is supposed to go by the law and facts.

  5. kenoshamarge Says:

  6. kenoshamarge Says:

    The 9th Circuit: Dangerously Out of Order

    The open-borders crowd doesn’t have a legal leg to stand on. That may be why at a press conference celebrating the outrageous ruling, a member of Washington Attorney General Bob Ferguson’s (D) team deployed the phrase “social justice” to justify the decision. “Social justice” is a magical amulet that nullifies anything the Left doesn’t like, including the president’s executive order. Its very invocation is an admission that a cause is illegitimate and un-American.

    The Ninth Circuit’s fairy dust-based decision is “an intellectually dishonest piece of work,” said retired Judge Andrew Napolitano.

    http://www.libertyheadlines.com/9th-circuit-dangerously-order/?AID=7236

    • Rabble Rouser Reverend Amy Says:

      “Social Justice”?? That is how we are determining LEGAL cases these days? Uh, yeah, NO. THAT is not the place of a Judge. That is the place of community organizers.

  7. kenoshamarge Says:

  8. kenoshamarge Says:

    Whoopi Goldberg Says Right-Wingers Have Kept Her From Making a Living

    Whoopi Goldberg says she can’t think of one right-leaning person who has lost his or her job or had to eat crow in Hollywood. But she says that lefties like her have lost their livelihoods at the hands of the evil right-wingers.

    This from a woman making over $5 million a year to sit and talk for an hour a day! Somehow I think that if we asked some conservative Hollywood folks if their political views have cost them anything, they’d have more tangible examples than Goldberg.

    https://pjmedia.com/video/whoopi-goldberg-says-right-wingers-have-kept-her-from-making-a-living/

    • Rabble Rouser Reverend Amy Says:

      Are you kidding me with this?? How incredibly delusional IS she??? WTH is WRONG with these people?!

      • kenoshamarge Says:

        I know, right? Just like Behar who said if no one else would stop Trump they at “The View” would.

        Oh and about that disgust with Trump’s disgusting behavior …

  9. kenoshamarge Says:

    11th Commandment of judicial tyrants: Thou shalt not criticize a judge

    https://www.conservativereview.com/commentary/2017/02/conservative-conscience-11th-commandment-of-judicial-tyrants-thou-shalt-not-criticize-a-judge#sthash.9mhJxojh.dpuf

  10. Rabble Rouser Reverend Amy Says:

    A friend had this up at Facebook. I LOVE that WaPo, of all places, printed this Opinion piece calling out Elizabeth Warren: https://www.washingtonpost.com/blogs/post-partisan/wp/2017/02/10/elizabeth-warren-is-a-grandstanding-phony/

  11. Rabble Rouser Reverend Amy Says:

    Mike Flynn is out. I have to say, Trump raises a good point that the “real” story is the wire tapping and subsequent leaking of information abt an American citizen: http://thehill.com/homenews/administration/319393-trump-real-story-of-flynn-resignation-is-illegal-leaks

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