Since the election of President Trump, we have witnessed a series of rulings by Clinton- and Obama-appointed federal judges to block executive orders (E.O.) related to immigration. In each case, the current system has allowed a single unelected judge to block the actions of a duly elected president who has attempted to exercise the authority conferred upon him by the Constitution and the voters. Such judicial tyranny cannot be tolerated.
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There is a relatively simple answer: Congress can deliver a fix already contained within the Constitution but requires the defining of a single word. This word is found in Article 3, Section 2, which deals with judicial power and jurisdiction:
The solution is for Congress to define "public Ministers" to include the president and vice president of the United States and all Senate-confirmed Cabinet ministers. This would allow the Executive Branch to ignore lower-court rulings for E.O.s and various acts of Congress signed by the president and avoid the interests of the nation being held up by a single unelected lawyer of either political persuasion. Some time limits for appeals should be built in to allow an issue to reach SCOTUS in a reasonable time less than the current two-year hiatus. If the lawyers have done their research, there is no reason why an initial appeal to the circuit appeals court cannot be done in thirty days and a ruling given in another seven.
If SCOTUS refuses a case, then the lower-court ruling will be moot, and the E.O. or legislation will proceed as promulgated. Alternatively, if the nine rule on the case, that decision will be considered constitutionally binding on the Executive and Legislative Branches. Again, a time limit for hearing and ruling should not exceed sixty days.
This will infuriate the left, even though it does not limit leftists' access to the courts or threaten their appointments, for they have used the legal system to achieve goals they could not attain legislatively or at the ballot box. It does, however, return the ability of the president to protect the nation and to address issues that Congress must ultimately decide on. It also removes the ability of the "Resistance" to wait out a sitting president by setting definite time limits for judicial review.
End Judicial Tyranny with One Single Word
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There is a relatively simple answer: Congress can deliver a fix already contained within the Constitution but requires the defining of a single word. This word is found in Article 3, Section 2, which deals with judicial power and jurisdiction:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The solution is for Congress to define "public Ministers" to include the president and vice president of the United States and all Senate-confirmed Cabinet ministers. This would allow the Executive Branch to ignore lower-court rulings for E.O.s and various acts of Congress signed by the president and avoid the interests of the nation being held up by a single unelected lawyer of either political persuasion. Some time limits for appeals should be built in to allow an issue to reach SCOTUS in a reasonable time less than the current two-year hiatus. If the lawyers have done their research, there is no reason why an initial appeal to the circuit appeals court cannot be done in thirty days and a ruling given in another seven.
If SCOTUS refuses a case, then the lower-court ruling will be moot, and the E.O. or legislation will proceed as promulgated. Alternatively, if the nine rule on the case, that decision will be considered constitutionally binding on the Executive and Legislative Branches. Again, a time limit for hearing and ruling should not exceed sixty days.
This will infuriate the left, even though it does not limit leftists' access to the courts or threaten their appointments, for they have used the legal system to achieve goals they could not attain legislatively or at the ballot box. It does, however, return the ability of the president to protect the nation and to address issues that Congress must ultimately decide on. It also removes the ability of the "Resistance" to wait out a sitting president by setting definite time limits for judicial review.
End Judicial Tyranny with One Single Word