by Andrew Schlafly, Esquire
Affiliate, Phyllis Schlafly Eagles
Every new Republican president is tested. President Reagan was tested by the Air Traffic Controllers strike. He rose to the occasion and fired the striking government workers. The first President Bush was tested by liberal demands that he raise taxes in violation of his pledge not to do so. He failed that test and was subsequently defeated in a landslide.
President Donald Trump has just been tested by an overreaching federal judiciary. The Constitution anticipates that each branch of government tends to expand its power until there is a “check and balance” by another branch of government. The federal judiciary is testing Trump’s mettle, and whether his actions live up to his rhetoric.
If Trump backs down and caves in, then nothing meaningful in his entire agenda will be accomplished. Leftists will use the court system to block Trump at every turn. He might as well throw in the towel now, if he will not stand up for the Executive Branch against an out-of-control Judicial Branch.
Alexander Hamilton would roll over in his grave if he know how federal courts are bossing the president and Congress around, particularly on an issue concerning national security. Hamilton declared in Federalist No. 78 that the federal judiciary would be the “least dangerous” branch, because it cannot enforce its orders and cannot fund anything. Federal courts are entirely dependent on Congress for funding and on the president for enforcement. “The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments,” Hamilton explained.
So why does President Trump let the tail wag the dog? He should declare what his branch of government is going to do, and let the federal judiciary know that it should remain within its proper domain of authority. Trump can issue a new Executive Order that tosses a few concessions in the direction of the federal courts, and then declare that his new Order will be enforced without interference by judicial activism. The activist federal courts would back down, as they did when prior presidents such as Jackson and Lincoln did likewise.
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