In a WorldNetDaily column yesterday, “Trump Must Break Judicial Power,” Pat Buchanan wrote that President Trump should emulate Andrew Jackson and challenge the courts after a federal judge, and later an appeals court panel, ruled against the president’s executive order on foreign nationals entering the country.
Buchanan lashed out at judges who try to “seize powers they do not have” as “usurpers and petty tyrants.” He urged “the populist right” to take on the judicial branch that, according to Buchanan, “tore our country apart with idiotic busing orders to achieve racial balance in public schools,” gave “new rights for vicious criminals,” “de-Christianized our country” and “turned over centuries of tradition” with its rulings on abortion rights and marriage equality.
“Trump has warned the judges that if they block his travel ban, and this results in preventable acts of terror on American soil, they will be held accountable. As rightly they should,” he wrote. “Meanwhile, Trump’s White House should use the arrogant and incompetent conduct of these federal judges to make the case not only for creating a new Supreme Court, but for Congress to start using Article III, Section 2, of the Constitution – to restrict the jurisdiction of the Supreme Court, and to reclaim its stolen powers. A clipping of the court’s wings is long overdue.”
Two vocal Trump allies, Newt Gingrich and Mike Huckabee, have similarly called for a fight with the judiciary.
Jackson defied Chief Justice John Marshall’s prohibition against moving the Cherokees out of Georgia to west of the Mississippi, where, according to the Harvard resume of Sen. Warren, one of them bundled fruitfully with one of her ancestors, making her part Cherokee.
When Chief Justice Roger Taney declared that President Abraham Lincoln’s suspension of the writ of habeas corpus violated the Constitution, Lincoln considered sending U.S. troops to arrest the chief justice.
FDR proposed adding six justices to emasculate a Supreme Court of the “nine old men” he reviled for having declared some New Deal schemes unconstitutional.
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When politicians don black robes and seize powers they do not have, they should be called out for what they are – usurpers and petty tyrants. And if there is a cause upon which the populist right should unite, it is that elected representatives and executives make the laws and rule the nation. Not judges, and not justices.
Indeed, one of the mightiest forces that has birthed the new populism that imperils the establishment is that unelected justices like Warren and Brennan, and their progeny on the bench, have remade our country without the consent of the governed – and with never having been smacked down by Congress or the president.
Consider. Secularist justices de-Christianized our country. They invented new rights for vicious criminals as though criminal justice were a game. They tore our country apart with idiotic busing orders to achieve racial balance in public schools. They turned over centuries of tradition and hundreds of state, local and federal laws to discover that the rights to an abortion and same-sex marriage were there in Madison’s Constitution all along. We just couldn’t see them.
Trump has warned the judges that if they block his travel ban, and this results in preventable acts of terror on American soil, they will be held accountable. As rightly they should.
Meanwhile, Trump’s White House should use the arrogant and incompetent conduct of these federal judges to make the case not only for creating a new Supreme Court, but for Congress to start using Article III, Section 2, of the Constitution – to restrict the jurisdiction of the Supreme Court, and to reclaim its stolen powers.
A clipping of the court’s wings is long overdue.
