Trump Is Right To Push Back Against Judicial Supremacy
A federal judge has no power to usurp Executive Branch authority or dictate foreign policy to the president...
For too long, we have accepted without question the fallacious notion that the federal judiciary has the exclusive power of constitutional interpretation, and that the states and the other branches of the federal government are bound to accept whatever the courts decide. This myth of “judicial supremacy” has thrown the constitutional system devised by our Founders out of balance, and it needs to be rejected...
While the courts, headed by the Supreme Court, indeed have an independent power to interpret and apply the Constitution, that doesn’t mean they are supreme over the other two branches, or the states for that matter...
James Madison stated plainly the reasoning behind this more expansive view of separation of powers clearly in Federalist No. 49: “The several departments being perfectly co-ordinate by the terms of their common commission, neither of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers.”...
... Abraham Lincoln, for example, understood that the Executive Branch was not necessarily bound by the rulings issued by the Supreme Court but had its own inherent power to interpret the Constitution...
... so far the Trump administration is asserting an older and more grounded understanding of constitutional supremacy and the separation of powers, one from which we have strayed very far and to which we need to return...
If we don’t, expect radical anti-Trump judges like Boasberg to continue claiming the exclusive power of constitutional interpretation over and against the president and Congress, effectively gathering all federal power in one place — what Madison rightly called “the very definition of tyranny.”
Related
The following article is highly recommended in its entirety:
The Judicial Insurrection Is Worse Than You Think, by John Daniel Davidson, The Federalist, 20 March 2025:
The point of all the injunctions and restraining orders is to preserve the supreme rule of unelected and unaccountable bureaucrats...
More nationwide injunctions and restraining orders have been issued against Trump in the past month that were issued against the Biden administration in four years...
On one level, what all this amounts to is an attempted takeover of the Executive Branch by the Judicial Branch — a judicial coup d’état. These judges are usurping President Trump’s valid exercise of his Executive Branch powers through sheer judicial fiat — a raw assertion of power by one branch of the federal government against another...
But on another, deeper level, this is an attempt by the judiciary to prevent the duly elected president from reclaiming control of the Executive Branch from the federal bureaucracy — the deep state, which has long functioned as an unelected and unaccountable fourth branch of the government. This unconstitutional fourth branch has always been controlled by Democrats and leftist ideologues who, under the guise of being nonpartisan experts neutrally administering the functions of government, have effectively supplanted the political branches. Unfortunately, to large extent the political branches have acquiesced in the usurpation of their authority...
What we’re seeing, in other words, is the return of the political (in the classical sense) to American governance. The political never really went away, of course. The idea of a neutral, nonpartisan class of experts and bureaucrats was always a fiction, a thinly-veiled scheme for implementing the Democrats’ agenda and neutralizing the effect of elections on actual governance. The voters could elect whomever they liked, but it would not much change what the bureaucracy did. This scheme has been the greatest scandal of modern American government, and the crisis unfolding now is a direct result of Trump’s efforts to dismantle it...
The good news is that by attacking the deep state, Trump has forced it to fight back and expose its true nature, which isn’t that of neutral experts but of politically and ideologically motivated actors. Trump has also exposed the collusion and corruption of the judiciary in upholding the authority of the deep state...
The Supreme Court Has Long Held That The Alien Enemies Act Gives The President Plenary Power, by S. David Sultzer, Andrea Widburg, American Thinker, 19 March 2025.
Rep. Brandon Gill Issues Articles of Impeachment Against Federal Judge Who Stopped Trump’s Deportations, Breitbart, 19 March 2025:
“The purpose of Judge Boasberg’s unconstitutional ruling is to tie up President Trump’s time and resources in litigation, stopping him from executing on the democratic mandate voters gave him,” Gill wrote. “The ruling is a fundamental attack on our democratic system.”
“Judge Boasberg directing deportation flights to turn around midair and return to the United States is tantamount to a Circuit Court Judge directing troop movements abroad or directing the Executive how to conduct foreign policy. It’s illegal and unconstitutional. Time to impeach,” Gill wrote, posting the Articles of Impeachment:
In response to Boasberg’s order, White House Press Secretary Karoline Leavitt said, “A single judge in a single city cannot direct the movements of an aircraft carrier full of foreign alien terrorists who were physically expelled from U.S. soil.”...
Welcome to FAFO-Land, by James Howard Kunstler, 17 March 2025:
It’s as simple as this: the orgy of judicial lawfare put on by blob-adjacent Democratic Party seditionists trying to make the USA ungovernable is looking to get swatted...
The general purpose in this latest phase of lawfare is to choke the federal courts with so many restraining orders and injunctions that the White House lawyers find themselves locked into an endless Chinese fire drill of counter-filings, motions, writs, and appearances. It’s all that the so-called “resistance” has left, what with DOGE breaking up the racketeering operation that has funded the Dem’s defense of the blob for a decade...
... federal judges are not immune from criminal investigation and prosecution, which is where AG Bondi and FBI Director Patel ought to come in. What’s probably standing in plain sight is a RICO conspiracy involving the aforesaid lawfare artists — Norm Eisen & Co — and the federal judiciary to deliberately bury the executive branch under burdensome fraudulent process, impede the executive branch’s ability to carry out its constitutional duties, and to obstruct justice...
If Supreme Court Ignores The Constitution, Trump Should Ignore Them
The Judiciary Is Attempting To Seize Executive Power, by Paul Craig Roberts, Lew Rockwell, 20 March 2025.
Gangsters, Terrorists, and Deep State Judicial Tyranny, by Thomas DiLorenzo, Mises, Lew Rockwell, 20 March 2025:
... Andrew Napolitano pointed out in his book, The Constitution in Exile, that the federal government’s “supreme” court did not rule a single federal law to be unconstitutional from 1935 to 1997...
Americans – and American presidents – were not always bullied by black-robed totalitarians. They once understood that there are three branches of the federal government, not just the judicial branch, and that federal judges are not black-robed deities...
Arrogant and totalitarian-minded federal judges, educated in America’s hopelessly left-wing, socialist law schools have issued dozens of dictatorial “rulings” that attempt to stop President Trump from following through on his campaign promises. He has every right to ignore them, as Andrew Jackson did, and so should governors of the free and independent states when these same black-robed tyrants seek to impose even more governmental tyranny and mayhem on their states.