by JB Williams, ©2017
The Founders design intended to make Congress the most powerful branch of the Federal Government, with oversight of the other two branches, as the elected body closest to the people themselves. In fact, the original design made the House more powerful than the Senate, also as the congressional body closest to the people.
The task of the Executive Branch was merely to “execute” the laws of this land, that of the supreme law, the U.S. Constitution and all laws made in pursuance thereof, by Congress.
The limited power of the Judicial branch was simply to “interpret” (limited to translating legalese into plain English) and “enforce and uphold” the laws of this land, the U.S. Constitution supreme among them. Members of each branch take an oath to do exactly this and when they fail to do so, they are at a minimum, in violation of those oaths.
The Rogue Judges
For many years now, Americans have accepted the “British” custom of judges going rogue on the courts, acting in violation of their oaths, often subverting and undermining the laws of this land, none more so than the U.S. Constitution itself. Through unconstitutional British Common Law tactics of “making law from the bench by setting legal precedence,” rogue judges and lawyers have unconstitutionally elevated the power of the judicial branch to a level which now threatens the powers of the other two branches or eliminates their powers altogether.
Elected Representatives of the people in congress hold the power to check either of the other two branches and in the case of the “unelected” Judiciary, Thomas Jefferson explains why in his 1821 Autobiography;
“It is not enough that honest men are appointed judges. All know the influence of interest on the mind of man, and how unconsciously his judgment is warped by that influence. To this bias add that of the esprit de corps, of their peculiar maxim and creed that ‘it is the office of a good judge to enlarge his jurisdiction,’ and the absence of responsibility, and how can we expect impartial decision between the General government, of which they are themselves so eminent a part, and an individual state from which they have nothing to hope or fear?”
Under Article III of the U.S. Constitution, Section 1 clearly states “The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour;” – “good behaviour” would be in keeping with their oaths – “bad behaviour” would be in failing or refusing to do so in their official capacity. It is that simple!
In the case of recent judicial tyranny in the form of blocking President Trump’s constitutionally sound Executive Orders related to the ongoing importing of potential terrorists from war-torn Middle Eastern countries, known as hot beds of terrorism, a number of judges have violated their oaths to uphold and defend, reaching far beyond their judicial branch authority in so doing, undermining the duly elected President of the United States and his ability to provide for the defense of the nation, placing all American citizens directly in harm’s way.
Congress could and should have stopped these subversive unconstitutional practices long ago. Every Federal Court judge is appointed by a President, confirmed by the U.S. Senate and serves at the pleasure of both, only so long as they continue to exhibit “good behaviour.” No behaviour which seeks to undermine and subvert the Rule of Constitutional Law can be in any way labeled “good behaviour.”
Due to inept inaction by Congress in its oversight powers, the judicial branch (the Black Robe Mafia) has been allowed to become the most powerful branch of the federal government. If Congress remains unwilling to execute its oversight authority to remedy the growing cancer of rogue judges making rogue rulings, then the Executive Branch must take appropriate measures to protect the constitutional powers of the Presidency.
Read the rest here.