Judicial Insanity

In what is quickly and disgustingly becoming a new norm, yet another low-level federal judge has issued a national injunction against one of Trump’s policies. In this case I’m referring to U.S. District Judge Jon S. Tigar’s action barring Trump’s plan to require those seeking asylum to do so at a regular port of entry.

Per the Constitution, the Supreme Court (SCOTUS) is a branch of the government that is CO-EQUAL with the President, not superior. Certainly, no inferior court, such as one at the District level, has status or authority equal to SCOTUS. Therefore I see no constitutional reason why the President, in this case Trump, is bound by any holding of any Court other than SCOTUS.

Secondly, this phenomenon of District courts issuing rulings with national effect is completely new. The only court with national jurisdiction is SCOTUS. Lower courts have jurisdiction within defined geographical boundaries, and their rulings only apply WITHIN those jurisdictional boundaries. Each District covers certain defined areas and each Circuit is comprised of several Districts. The Circuit assures uniformity of the law within its own boundaries by ruling on the conformity and propriety of rulings of the Districts within its jurisdiction.

From there one of SCOTUS’s main functions is to settle conflicts between the rulings of the various Circuits in order to assure uniformity of the application of law throughout the nation.

With that in mind, barring a SCOTUS ruling, I maintain that Trump – or any President – can tell any lower court judge to stick it where the sun never shines.

In fact, I have to stress that even SCOTUS is only co-equal to the President, not superior. A President doesn’t even have to obey a SCOTUS ruling. As a matter of further fact, we have an example of one President who refused to do so.

In the case of Worcester v. Georgia SCOTUS handed down a ruling that Andrew Jackson chose to completely ignore. Though this resulted in the Trail of Tears tragedy, it did illustrate the principle that SCOTUS doesn’t have authority superior to the President.

The bottom line is that Trump, or any President, can tell a court to pound sand. Of course, there could be political consequences if that court is SCOTUS. It could end up being a “constitutional crisis”. It would certainly be a constitutional conflict. But it may be one worth having, as the courts seem to have lost all sense of their rightful place in the scheme of things.

©Brian Baker 2018

(Also published on 27 November 2018 in my local newspaper, The Signal)

Advertisements

Evil Termites

 

Because our gasoline is so very expensive (due to gross over-taxation) I usually gas up at the independent station at the intersection of Magic Mountain Parkway and Bouquet. While I was there the other day filling the tank on my happily un-PC gas-guzzling SUV, I noticed a billboard – a sign – on the south side of the intersection. It read:

“CHOOSE CHILDREN OVER GUNS

Our Congressman Steve Knight Has an A from the NRA

Call Him and Ask Why”

Below that was a line naming the sponsors of the sign, a local Dem/socialist activist group.

When I moved here in 1984, like many people one of my main motivations was to escape the leftist swamp of LA city. The Santa Clarita Valley was an oasis of conservatism. Pickup trucks abounded. My wife’s BMW was a rarity. Cows grazed on the grounds next to College of the Canyons, a common sight when one took the Valencia Boulevard off ramp from I-5. Where the mall is now was nothing but vast onion fields from which hot air balloons launched on Sunday mornings if the wind was calm.

If you’ve ever wondered where Cinema Drive got its name, there was a small multiplex theater located on the intersection with Valencia Boulevard, with a little Sutter’s Mill restaurant on the other side of the street, one of the very few eateries in the area.

We were regularly mocked and ridiculed by the nabobs in LA, particularly those in tony enclaves like the Westside and Beverly Hills. “Redneck cowboys” and “hicks” was a pretty common theme.

Meantime, we “hicks” were enjoying a “small town” quality of life that attracted other like-minded people, and so our valley grew in population, which drew further development in the form of businesses relocating to the area, and amenities – such as the mall and restaurants – opening, further enhancing the area’s desirability, and drawing evermore people eager to enjoy the area’s ambience.

Of course, some of those people happened to be some of the same folks who previously scorned and mocked us, and recently included a Westside lawyer who carpetbagged his way here just in time to qualify himself to run for Congress as our local Representative. But I’m sure that was all a big coincidence… right?

It’s always been interesting to me how leftists move to conservative areas to enjoy a better lifestyle than the place they’re leaving behind, but then try to impose the same political agenda that turned their prior home into the very swamp they’re trying to escape.

They’re like evil termites. They wreck the home they live in, then fly off to find some new home to wreck.

Anyway, I decided to check further, and confirmed that the dreaded NRA did, indeed, give Knight a 93% back in 2016, which sounds like an “A” to me. Great! Even more reason to vote for him (as if there was any doubt to begin with)!

I have no idea why our local lefties think this is somehow a negative. Do they think the NRA is some faceless, shadowy, monolithic conspiracy of evil villains scheming to somehow subvert the will of the people while sacrificing little kids to their nefarious agenda? A bunch of solitary old childless misanthropes sitting around in their bathrobes plotting to cache an armory in the dream of overthrowing the government? Illicit gunrunners and covert international weapons dealers swindling their way to vast riches?

What nonsense. Time for a reality check. It’s an organization of millions of like-minded everyday people, some of whom are probably your neighbors, who think that the Second Amendment literally means they have a right to own guns; who have families – including kids – of their own; who actually believe they have the right to have the tools necessary to protect their kids and family; and who want to share the shooting sport experience with those family members, as hard as that might be for leftists to grasp.

And as far as I know, not one single NRA member has ever been involved in any mass shootings anywhere.

The whole meme of “CHOOSE CHILDREN OVER GUNS” creates a false dichotomy that should more believably and accurately be stated as “CHOOSE CHILDREN AND GUNS”.

These election-year anti-gun jihads usually don’t work out too well for the left outside of urban metro areas. Just ask Al Gore and John Kerry. If there’s anything that can motivate those gun owners who are usually pretty lazy about voting, this is it.

As Napoleon Bonaparte reportedly said, “Never interrupt your enemy when he is making a mistake”. I hope that sign stays right there through November.

 

 

©Brian Baker 2018

(Also published today in my local newspaper, The Signal)

 

How Did We Get Here?

I found Maria Gutzeit’s 28 November column “Watching the world burn” (link) to be very interesting and well-written. But I think her wish for a society free of partisan politics, though admirable and well-meant, is at its heart naïve and unrealistic.

The problem, I believe, is that we’re currently engaged in a cultural civil war in this country that’s every bit as profound and fundamental as the one that took place in the 1860s, though so far pretty bloodless. Thank God for that, at least.

Historically, political rancor, and even violence, is nothing new in this country. Elected representatives were known to whack one another on the head with their canes right on the floors of Congress; Burr killed Hamilton in a duel over politics; and, of course, there was the afore-mentioned Civil War itself.

World War II was the event that created a rare period of national unity which lasted well into the post-war era of the ‘50s and early ‘60s, when the world was rebuilding from that war’s destruction. That was the “Leave It To Beaver” era for which so many wax nostalgic, or mock mercilessly, depending on their political inclinations.

That era came to an abrupt and dramatic end with the riots at the 1968 Democrat Party convention in Chicago, which underscored the rise of the counter-culture that rejected the ethos of the later-named “Greatest Generation” – their parents’ generation – in favor of a radicalized vision of what American culture should be.

That counter-culture, firmly rooted in the ideology of collectivist socialism, ironically found its home in the very Democrat party it had so violently rioted against, and in the subsequent almost half-century rose to positions of prominence and power within that party. As a result of their de facto takeover of that party they’ve managed to radically alter its underlying principles to the point that they now reflect much of the agenda of those original radicals who rioted in Chicago.

We see much of its strategy deriving directly from Saul Alinsky’s “Rules for Radicals”, a primer for the counter-culture of the ‘60s and ‘70s, which is essentially a blueprint for political disruption and manipulation. This is evidenced by class warfare pitting the “haves” against the “have-nots”, and the demonization of the “one-percenters”, as well as the creation, proliferation, and perpetuation of “victim” groups, which then go on to even compete against each other for prioritization, leading to further fragmentation and balkanization of the society and culture.

In such a noxious and confrontational political climate, our national motto, “E Pluribus Unum” – meaning “out of many, one”, a message of unity – has been effectively reversed for all intents and purposes into its mirror-opposite, “out of one, many”.

In her column, Maria writes: “The win will come when we all sit down and acknowledge common goals and work on that without uttering the words ‘democrats’, ‘republicans’ or ‘politics’… Imagine if we focused on electing people to improve and implement good policy, rather than ‘win’ for ‘our side’.”

While I think that’s a very nice thought, I also think it’s about as realistic as a kid’s Christmas wish list as he tells it while sitting on Santa’s lap at the mall. The reality is that “politics” is how we determine public policy in this country, and there’s at least one very sizeable portion of the body politic that seems determined to completely redefine the social and cultural fabric of our society. To destroy it in order to replace it with a system that is completely alien to traditional American ideals and constitutional principles.

In consequence, we see the politicization of almost everything, even sports, which used to be one of the few remaining bastions of political neutrality. Instead, we see the NFL immersed in their “taking a knee” controversy. We see popular media – TV, movies, and even books – showcasing political correctness at the expense of entertainment value. Higher education has become, at many universities, a venue of indoctrination rather than enlightenment.

In this adversarial climate, I believe the wish for reconciliation and cooperation, though well meant, has very little chance of being realized.

 

 

©Brian Baker 2017

(Also published today in The Signal)

Impeachment Hysteria Versus Reality

 

Our family is very politically aware (and fortunately for us and family comity, all conservatives), and as everyone with a pulse knows, virtually from Inauguration Day there have been calls for President Trump’s impeachment. The hysteria seems to be reaching a crescendo recently, dominating news coverage, and as a result I received an email the other day from one of the younger members of our clan, a Millennial:

“Hello there!

“What do you think the odds are of Trump getting impeached? That’s all I see in my news feed now!

“Brett R.”

To answer Brett’s question, I think the odds of that are pretty much zero. First of all, you’ve got to understand that the “news” feed is all pretty much just biased – and I mean to a point I’ve never before seen in my lifetime – agenda-driven rubbish.

But to the actual legalities, there has to be actual “cause” for impeachment. Per the Constitution, that means “high crimes or misdemeanors”. So, what actual “crimes” or “misdemeanors” has Trump actually committed? None that I can think of.

Then there’s political reality. Impeachment takes place in the House, and conviction takes place in the Senate and requires a 2/3 vote of the Senators to do so and remove him from office. Both the House and the Senate are controlled by the GOP. So, what are the odds of ANY of that actually happening?

Precedent. Only two sitting Presidents have ever been impeached: Andrew Johnson and “Quick-Zipper Bill” Clinton. Neither was convicted. Johnson’s impeachment was purely politically motivated, based on his Reconstruction policies, and his conviction was one vote shy. Clinton actually had committed a crime – perjury – and yet wasn’t convicted in the Senate. So, particularly in light of Pantsuit Hillary’s federal felonious actions with her email rig and the failure to indict HER, I can’t see any way an actual impeachment takes place.

Another political reality. I think impeaching Trump would actually BENEFIT him. We saw the same dynamic when Billy-Bubba was impeached: his popularity actually increased. I think the same dynamic would inure to Trump. There’s a VERY large percentage of people in this country that are simply fed up with the SOP of how both major parties have been conducting business over the last few decades. Trump’s election is the embodiment of that frustration. Impeaching him… the consequences of that could be beyond imagination.

All these impeachment noises are being made by left-wing radicals spouting moronic sound bites for public consumption; people like Maxine Waters and “Nancy the Red” Pelosi. It’s become Dem/socialist SOP to act like silly, spoiled children. And all the while they’re doing it they’re losing actual political power all across the country with the exception of a few blue coastal states like Commiefornia and Taxachussetts.

I see this as simply political Kabuki from the American socialists. Think about it. If Trump’s impeached and convicted, that doesn’t roll back the election clock and make the Pantsuit Lady President. Mike Pence becomes President! They know that as well as I do. And that would be about the worst thing that could happen to them and their agenda, because he’s as clean as a whistle, and a great conservative. It would absolutely CRUSH their political aspirations. The whole point of this impeachment drivel is to try to keep Trump off balance, and to delegitimize him in order to try to weaken him. An actual impeachment would be a huge strategic error on their part.

Like I said, I think the chances are pretty much zero.

 

 

©Brian Baker 2017

 

(Also published today in my local newspaper, The Signal)

 

Naked Judicial Activism and Overreach

On March 15th, for the second time, a federal district judge – this time in Hawaii – issued an injunction against President Trump’s executive order restricting immigration from several specific countries. U.S. District Judge Derrick Watson, in the case of State of Hawai’I and Ismail Elshikh v. Donald J. Trump, had the temerity to order that “Enforcement of these provisions in all places, including the United States, at all United States borders and ports of entry, and in the issuance of visas is prohibited, pending further orders from this Court.” In other words, this judge in the district of Hawaii issued a restraining order that supposedly has nationwide enforceability.

The only problem is, he has no authority to do so.

Article III of the US Constitution establishes the Judiciary, and defines its powers, authority and limitations. Section 2, Paragraph 2 clearly states that: “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.”

What that means is that, barring a constitutional amendment, any case in which a state is a party must be heard by the Supreme Court, the only court with the authority and jurisdiction to hear such cases. Since one of the plaintiffs in the case at issue is the state of Hawaii, District Judge Watson had no jurisdiction, nor authority, to even hear the case. The same holds true for the several other District Courts that have heard and/or issued rulings on cases of like kind.

That paragraph goes on to state that: “In all the other Cases before mentioned (in Paragraph 1), 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.” Under that authority Congress went on to enact the Judiciary Acts of 1789, 1801, 1865, and 1925. These various Acts established the judicial system we have today, consisting of nine Supreme Court Justices, the various Circuit Courts of Appeal, the various District Courts, and their various jurisdictions, responsibilities and powers.

Part of that structuring defined court power to establish that the only court with national jurisdiction is the Supreme Court. For example, any ruling handed down by the Ninth Circuit Court only has enforcement power within the geographical boundaries of that Circuit, which are the nine Western states, including California. That’s why it’s not unusual to see different Circuits hand down conflicting rulings on the same issue, with the Supreme Court then stepping in to address and resolve the conflict by issuing a determinate ruling with national authority, thereby assuring a consistent application and rule of law across the nation.

The geographical jurisdictional and enforcement power of a District court is even smaller, as it’s a subset of the Circuit Court. So, just as the authority of a ruling by a Circuit Court is constrained by its geographical boundaries, so is the authority of a District Court’s ruling constrained to its own.

From this it’s easy to see that, in addition to hearing a case over which he had no jurisdiction, District Judge Watson issued a ruling and restraining order that he unlawfully attempts to apply outside the geographical borders of his own limited authority.

This is beyond unacceptable; it’s a repugnant attempt to usurp and arrogate power.

Were I Trump I’d instruct the State Department and other involved agencies to ignore these illegal rulings by this, and other, District judges who have far overstepped their legal authority. If these tin pot local judges want to set up a confrontation between the Judiciary and the Executive branches, then let’s bring it on.

Thomas Jefferson expressed his concern that the federal judiciary was potentially “the most dangerous branch” of government because, once seated, judges were installed for life and not accountable to the electorate. Unfortunately, particularly in recent decades, we’ve been seeing those fears realized as arrogant activist judges have taken to regularly exceeding their authority in order to facilitate their own political agendas, as facilitated by the cynical practice of “judge shopping” by litigants eager to promote and achieve their own political ends, goals they generally can’t achieve through the regular political process.

This must come to a halt, even if that has to be done through a constitutional confrontation.

 

 

 

©Brian Baker 2017

(Also published today in my local newspaper, The Signal)

FLHHC

FLHHC? What the heck is Baker babbling about now, right?

Well, my friends, that’s an acronym. It stands for:

Facts,

Logic,

History,

Human nature, and the

Constitution.

Those are the five things non-conservatives – of any party – have to be able to ignore in order to advance their arguments.

In my experience, any argument on any political topic that observes those five precepts will end up, by definition, being truly “conservative” in nature. In contrast, any argument advanced by leftists to support their position on a topic will by necessity have to ignore at least one, and generally several (if not all), of those elements.

Try it out for yourself. Have some fun with it. I think you’ll find it’s a very accurate litmus test, and once you do you can use it when you’re debating your not-so-conservative friends to hopefully show them the error of their ways.

Remember: FLHHC.

 

 

©Brian Baker 2017

 

 

The UN Gun Control Treaty And You

(Dick Morris Is Nuts)

Political commentator Dick Morris (among others) has been running around all over the place bleating about how the passage of the United Nations’ Arms Trade Treaty (ATT) is going to result in the loss of the gun rights currently enjoyed by Americans under the Second Amendment to our Constitution.

He was doing it again on Sean Hannity’s radio show on Friday, 3 Aug. Here’s Morris’s thesis:

Obama signs the treaty (which has currently died in the UN because of lack of agreement, actually) after he’s re-elected. For a treaty to bind the United States it must be ratified by 2/3 of the Senate, per the Constitution. But according to Morris – who acknowledges that such ratification is virtually impossible – under the Vienna Convention on the Law of Treaties if the Senate fails to act on ratification the ATT will automatically take effect solely on the basis of Obama’s signature, and that Harry Reid will refuse to bring it to a vote if the Democrats retain control of the Senate. The treaty then becomes the “supreme law of the land”, superseding the Constitution and the Second Amendment and enabling Draconian gun laws, confiscation, the sky falling, etc.

Phew!… Follow me so far? Okay.

Morris’s thesis is so full of holes that if it were cheese it would be a premium Swiss. I don’t know where Morris comes up with this stuff. He must just “hear” something and, without doing any research at all, run wild with it. Anyway, here are the facts.

The Vienna Convention went into effect in 1980, but unfortunately for Morris’s thesis, even though this country is a signatory, the Convention has never been ratified by the Senate and so has absolutely no force and is not binding on this country, just like any other treaty that isn’t ratified. Period.

Further, there’s nothing that I’ve read in the Vienna Convention that does what Morris claims, anyway. Nothing at all about unratified presidential signatures making a treaty binding on a country whose own constitution requires treaty ratification. So his theory of an Obama signature on the ATT without Senate ratification actually meaning anything is ridiculous.

Morris also clearly doesn’t understand the Supremacy Clause of the Constitution. Let me quote it for you:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;…”

So far, so good. But here’s where the rubber meets the road:

“… and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

In other words, what it’s saying is that the Constitution, federal laws, and treaties take precedence over STATE laws and constitutions. That’s all. There’s not one syllable in there about treaties having more power than the Constitution itself.

The reality is that no treaty can be used as a de facto amendment to the Constitution, as the Constitution is quite specific about how it can be amended and allows only two methods: the clearly detailed amendment process requiring 2/3 ratification by the states, or a constitutional convention. Any treaty that conflicts with the Constitution or its amendments is automatically null and void.

And in fact, in the 1957 landmark case of Reid v. Covert the Supreme Court held exactly that, stating “this Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty,”.

It’s time for Morris and others Chicken Littling this issue (yes, I’m looking at YOU, NRA!) to drop it. It’s ridiculous and meaningless, and lying for political gain is no less disgusting coming from the Right than it is from the Left. Frankly, I consider it even worse, because we have the facts on our side. We don’t have to resort to lying and political chicanery.

This stupid UN treaty has no more chance of affecting our national gun laws than I do of beating Shaq at basketball.

© Brian Baker 2012