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.
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.