The “Other” swamp

 

Donald Trump’s campaign rhetoric where he promised to drain the swamp that is Washington D.C. has stirred up a national awareness of political corruption in our country.  For decades the average American voted the party line like a brain dead zombie pulling levers to elect and empower politicians who are void of morals and conscience.  America has stood by for far too long while Washington has turned from the seat of law and order to the center for corruption and personal aggrandizement.  One can only hope that the current “Russian Scandal,” reveals the depth of Washington’s depravity and as a result sounds the alarm in the electorate and causes them to demand more accountability from our elected law makers.  There is, however, another swamp, the “Other” swamp, that I fear will be far harder to drain that has assumed more power than our “Founding Fathers” ever granted them in our constitution.  I am of course referring to the judicial branch of our government.

The wisdom of our Fathers when piecing together our government cannot be understated.  The constitution was and is a remarkable piece of legislation that was central in forming our government and ultimately in transforming the free world.  The brilliance in forming three distinct branches of government, each with equal power and each with checks and balances has been a model for almost 250 years for the rest of the world.  Unfortunately a shift in the balance of power has taken place over the past few decades and the Judicial Branch has become the all-powerful final authority when it comes to enacting legislation and interpreting the constitution.  Judges across our nation have virtually no accountability and they are, at least on the highest levels, given lifetime appointments.

The appointment of judgeships has become the single greatest act that any sitting President can engage in.  His or her decision can shape the direction of our country far after he or she leaves office.  One would naively think that the political affiliation of the appointed judge should play only a minor role in the judicial process because decisions are based upon the constitution and laws passed by Congress; but sadly this is not the case.  More and more legal decisions are based upon the empathy and personal convictions of the sitting judge.  Allow me to cite a recent example.  Only days ago a federal appellate court ruled that an underage teenage girl who was an illegal alien had a constitutional right to an abortion.  One of the ruling judges stated that her decision to grant the abortion right was based upon the hardship the girl would be forced to endure if she would not be granted the abortion.  According to the judge the girl only had two options: 1- be forced to go back to her home country where abortions were not easily accessible or: 2- be forced to give birth and raise the child.  The judge’s decision was not based on any legal precedent whatsoever; it was based solely on her liberal view of abortion and her empathy for the girl.  Somehow the judge completely ignored a viable third option for the girl which would be to give up the child for adoption.  The option was obviously not considered because it didn’t support the liberal outcome that the judge desired.  Federal judges have far too much power and far too little accountability.  Court decisions are based far too much on personal opinion and far too little in actual law.

The President of the United States has the constitutional power to decide the immigration policies of our country; he gets to decide who gets to come in and who gets to stay.  How then does a liberal federal judge in Hawaii have the authority to stop the President’s constitutionally granted executive order and have power over the entire country?  It’s called abuse of power.  The Judicial Branch of government has become a swamp of partisan political appointments that are using unconstitutional power to run our country.  At least there’s a chance that unfit politicians in Washington may be voted out of office but federal judges have no such fear for their jobs.

Our Founding Fathers provided judicial oversight authority to the Congress and gave them the power to impeach and remove from office an unfit judge.  When was the last time a federal judge was removed from office by an act of Congress for failure to follow the law?  15 federal judges have been impeached in our nation’s history and 8 of them have been removed from office while several others resigned before they were removed.  I couldn’t find one case where a justice was removed for failure to properly apply the law when making their rulings.  Judicial oversight boards focus almost exclusively on complaints of conduct made against a judge.  In other words, there is absolutely no oversight of the Judicial Branch of our government.

The Democratic Party has regularly relied upon liberal federal judges to do their bidding in the federal courts when they have failed in the halls of Congress.  Judges legislating from the bench have become common place in recent time.  As a result Democrats will NEVER seek to hold a judge accountable as long as they are helping to promote their liberal agenda.  Liberal judges have discovered constitutional rights that were apparently written with invisible ink by Thomas Jefferson.  There is no right to an abortion found in our constitution.  There is no right health care found in our constitution.  There is no right that states that tax dollars must be spent on inmates who want a sex change operation.  There is no right that states the government must pay for soldiers who want sex change operations.  There is no constitutional right that a person is entitled to taxpayer funded birth control.

Every one of these “Rights” has been discovered by liberal judges in our constitution along with countless others that have no foundation of legal precedent to stand upon.  The rulings of the liberal 9th Circuit Court of appeals is overturned an astounding 79% of the time their decision make it before the Supreme Court.  What is even more astounding is that the 9th Circuit Court comes in third on the list of most overturned by the Supreme Court.  The 6th Circuit Court is overturned a whopping 87% of the time while the 11th is overturned 85% of the time.  This means that Federal courts make unconstitutional rulings a lot.  These stats don’t even include the 3rd Circuit Court which is overturned at a rate of 78% and the 2nd Circuit Court that is overturned at a rate of 68%.  These are staggering numbers that never get national attention.  How is it possible that federal judges get overturned so often and it’s not a national scandal? Now some may say that the fact that so many decisions are being overturned by the Supreme Court is a sign that the system of checks and balances within the judicial system is working but that is only partially true.  The reality is that only a tiny percentage of cases ever get reviewed by the Supreme Court which means that the overwhelming majority of decisions made by these liberal judges stand forever.  Also, the cases that do reach the Supreme Court often take years and hundreds of thousands of dollars to get there.  99% of liberal, unconstitutional court decisions stand in our country every year.

The swamp that is our judicial branch needs to be drained in our country, the only problem is that I can’t seem to find a drain.

 

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