Book cover (front and back)
Since President Trump’s resounding election victory and inauguration, RADICAL leftist U.S. District Court Judges have produced a deluge of stays, preliminary injunctions, and other orders designed to reverse his election victory and neuter his Presidency.
These judges were handpicked by leftist Presidents because they would instantly violate their oath of office and make claims of judicial supremacy that violate the U.S. Constitution.
These judges have fraudulently exceeded their judicial power which only extends to cases in “Law and Equity” arising under our Constitution.
They have usurped and infringed on the Executive power of the President who is the only person vested in the Constitution to manage the United States of America.
These unethical justices, for instance, entered orders blocking the executive power of the President to dismantle USAID and its fraudulent programs, stopping deportations under established law, the Alien Enemies Act, and stopping DOGE’s review of Social Security records, among many others. The unconstitutional judicial goal here is to vitiate President Trump’s and America’s election victory.
The assumed constitutional power behind these orders inevitably traces back to the 1803 Supreme Court case known as Marbury v. Madison.
Most lawyers were taught in law school that the case stands for the proposition that the courts may determine the constitutionality of a statute or action by the government and issue an order remedying any violation—and that the courts claiming “Supremacy” have the last word on the matter!
This unconstitutionally places the Judicial Branch in a dictatorial position over the Executive and Legislative Branches of America’s government. Like the Left’s “generally accepted science of global warming,” the fact that a proposition is generally accepted does not mean it is correct.
U.S. courts do not have the enforceable constitutional power to require the Executive, a separate branch of government, to do or not do anything! They especially do not have the power to force the executive to abide by any unconstitutional order.
The Judicial Branch’s real authority is like that of a baseball referee who calls a foul ball, but the judicial referee cannot enforce the call. The truth is that the Judicial Branch cannot enforce its decisions or make laws.
The branch merely has judgment and must ultimately depend upon the aid of the Executive Branch even for the enforcement of its judgments.
The Judicial Branch’s only function is to adjudicate cases or controversies and decide if they are lawful within the framework of the law and the U.S. Constitution.
The U.S. Constitution, written by We the People, rules all courts just as it rules the Legislature, and other departments such as the President and state governors.
James Madison warned in the Federalist Number 47 “The cumulation of all powers, Legislative, Executive and Judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” This is where we are today, living under JUDICIAL TYRANY.
America’s Congress has the constitutional duty and power to check and counterbalance the courts, and they have been totally negligent. To roll back this judicial overreach, Congress must exercise their power over the courts, or else they violate their oath of office.
There is no longer any room to perch on the fence. The Executive and Legislative Branches of government must either exercise their constitutional duty or knowingly aid and abet the destruction of our Republic for which we stand.
The U.S. Constitution and the Constitution of every state restrict the judicial branch from making laws and enforcing their decisions.
For this reason, lawmaking is given only to the elected representatives of the people, and enforcing those laws is the duty of the Executive Branch of government. If this were not true, America would not be a Republican form of government, it would be a judicial dictatorship.
Thankfully, we have a Republican form of government, and for it to function smoothly each branch must operate within its constitutional authority thereby coordinating with the other branches.
The Constitution for the United States of America at Article 1 establishes Congress, Section 8 authorizing Congress to create courts inferior to the Supreme Court.
Article 2 establishes the Executive Branch, Section 4 stating that all civil officers may be removed by impeachment and defines the basis for impeachment.
Article 3 establishes the Judicial Branch and states at Section 1 that judges may hold their office during “good Behavior”, which is an additional ground for impeachment beyond the terms which apply to others.
Article 6 defines the Constitution and laws made pursuant to it as the supreme law of the land and requires that government officers be bound by oath or affirmation to support the Constitution.
As we all know, the Constitution assigns the law-making function to the Congress, with the President’s agreement (Article 1); the administrative function to the President (Article 2); and the judicial function to the courts (Article 3). Congress holds the sole power to impeach.
The restraint upon this power, and it is a major restraint, is that the House must vote to impeach, and then a 2/3 majority of the Senate is required to convict.
The President has no role in an impeachment (unless he is the target) and is specifically prohibited from granting a reprieve or pardon which applies to an impeachment.
The Constitution, then, is detailed concerning all matters it addresses and is the ultimate final authority.
While judicial review of the constitutionality of a statute was recognized at the time the Constitution was adopted, there is nothing in the Constitution which provides the courts with the authority to issue an order, stay or injunction directed at the Executive Branch.
The courts have no constitutional authority to require or force the President and his administration to do anything. Thomas Jefferson wrote “to consider the judges as the ultimate arbiters of all constitutional questions: a very dangerous doctrine indeed and one which would place us under the despotism of an Oligarchy.”
The Constitution at Article 2. Section 1 states: “The executive Power shall be vested in a President of the United States of America.”
The Constitution does not install the judiciary as a co-pilot or co-President, so the judiciary has no power to review the President’s exercise of his executive power.
Even so, given the current situation, President Trump needs to do nothing more than IGNORE orders of the courts. Constitutionally, the courts depend upon the President to enforce their orders.
If, after analyzing such order the President determines such order to violate the Constitution, having sworn to preserve, protect and defend the Constitution, he is duty bound to ignore such order
It is critical for all Americans to understand this information about our Constitution and how it applies to what we are seeing unfold in front of us in real time. President Trump is fulfilling his promises to the American people.
He must ignore the judicial insurrection with its unconstitutional orders. It is also time for our congressmen and women to enforce their oath of office to support and defend the Constitution of the United States against all enemies, foreign and domestic.
For a more complete analysis of how America finds itself in its current mess and a look at the possible endgame, check out our book: The Supreme Court’s Confidence Game: The Lie of “Judicial Supremacy” on Amazon for only $15. Click HERE.
You will be truly amazed!
About the Authors:
David Howard served Montana in the House of Representatives and Montana Senate from 2009 to 2022. He is a minister, and founder of Foxhole Ministry with a national radio program The Voice of Truth’s Wake-up Call. He is also the author of The Silent Church is Watching America Die, The Christian Art of Verbal Chess, and Attack on Christianity subtitled 10 Strategies Christ Used to Fight the Culture War. David is a Vietnam veteran, former FBI agent, and an authority on crime and workplace violence prevention. David is married to Carla, and they have six daughters and eighteen grandchildren.
He can be reached at: SenDavidHoward@gmail.com
James Rigby, Attorney at Law, practiced bankruptcy law in Seattle, Washington from 1980 through 2020 and he is now retired from the practice of law. His family has made Montana their home since 2014, where he and his wife homeschool their two daughters.
He can be reached at: James@RigbyLawFirm.com.
The post The Supreme Court’s Confidence Game: The Lie of “Judicial Supremacy”: The Theft of Power and Control From “We the People” appeared first on The Gateway Pundit.