By J.B. Williams
March 22, 2017
At the forming of our Constitutional Republic, three “co-equal branches” of the federal government were not created or intended. Three “independent” branches were intended and created, with certain checks and balances put in place to ensure no branch could ever, through their independent enumerated powers, infringe upon the powers of the States or the People.
The Founders design intended to make Congress the most powerful branch of the Federal Government, with oversight of the other two branches, as the elected body closest to the people themselves. In fact, the original design made the House more powerful than the Senate, also as the congressional body closest to the people.
The task of the Executive Branch was merely to “execute” the laws of this land, that of the supreme law, the U.S. Constitution and all laws made in pursuance thereof, by Congress.
The limited power of the Judicial branch was simply to “interpret” (limited to translating legalese into plain English) and “enforce and uphold” the laws of this land, the U.S. Constitution supreme among them. Members of each branch take an oath to do exactly this and when they fail to do so, they are at a minimum, in violation of those oaths.
The Rogue Judges
For many years now, Americans have accepted the “British” custom of judges going rogue on the courts, acting in violation of their oaths, often subverting and undermining the laws of this land, none more so than the U.S. Constitution itself. Through unconstitutional British Common Law tactics of “making law from the bench by setting legal precedence,” rogue judges and lawyers have unconstitutionally elevated the power of the judicial branch to a level which now threatens the powers of the other two branches or eliminates their powers altogether.
Elected Representatives of the people in congress hold the power to check either of the other two branches and in the case of the “unelected” Judiciary, Thomas Jefferson explains why in his 1821 Autobiography;
“It is not enough that honest men are appointed judges. All know the influence of interest on the mind of man, and how unconsciously his judgment is warped by that influence. To this bias add that of the esprit de corps, of their peculiar maxim and creed that 'it is the office of a good judge to enlarge his jurisdiction,' and the absence of responsibility, and how can we expect impartial decision between the General government, of which they are themselves so eminent a part, and an individual state from which they have nothing to hope or fear?”
Under Article III of the U.S. Constitution, Section 1 clearly states “The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour;” – “good behaviour” would be in keeping with their oaths – “bad behaviour” would be in failing or refusing to do so in their official capacity. It is that simple!
In the case of recent judicial tyranny in the form of blocking President Trump’s constitutionally sound Executive Orders related to the ongoing importing of potential terrorists from war-torn Middle Eastern countries, known as hot beds of terrorism, a number of judges have violated their oaths to uphold and defend, reaching far beyond their judicial branch authority in so doing, undermining the duly elected President of the United States and his ability to provide for the defense of the nation, placing all American citizens directly in harm’s way.
Congress could and should have stopped these subversive unconstitutional practices long ago. Every Federal Court judge is appointed by a President, confirmed by the U.S. Senate and serves at the pleasure of both, only so long as they continue to exhibit “good behaviour.” No behaviour which seeks to undermine and subvert the Rule of Constitutional Law can be in any way labeled “good behaviour.”
Due to inept inaction by congress in its oversight powers, the judicial branch (the Black Robe Mafia) has been allowed to become the most powerful branch of the federal government. If congress remains unwilling to execute its oversight authority to remedy the growing cancer of rogue judges making rogue rulings, then the Executive Branch must take appropriate measures to protect the constitutional powers of the Presidency.
A Matter of Life and Death
Unfortunately, judicial activism has now reached a life and death level of importance in America, as rogue judges attempt to use their positions on the courts to block Executive branch efforts to stop terrorism in the USA by stopping the ongoing import of potential jihadists from the Middle East.
Despite efforts by the “fake news” media to under-report jihad-related incidents in America over the past eight years, or intentionally omit the fact that many incidents are directly or indirectly associated with Islamic terror, evidence supports quite a different reality.
Just a brief set of examples to illustrate the point…
• In 2010, Somali refugee Mohamed Osman Mohamud was arrested on charges he planned to blow up a Christmas tree lighting ceremony in Oregon.
• In 2011, as reported by ABC News, two Iraqi refugees were convicted on charges that they helped Al Qaeda in Iraq and may have killed American servicemen there. They lied on their refugee applications.
• In 2012 Abdullatif Ali Aldosary (an Iraqi refugee) set off a bomb at a Social Security Office in Arizona.
• Also in 2012, as successful asylum seekers, the Boston Bombers were refugees who had benefited from America’s generosity.
• In 2013, Uzbek refugee Fazliddin Kurbanov was arrested in Idaho and later convicted on terrorism charges.
• In early 2016, Iraqi refugee Omar Faraj Saeed Al Hardan living in Texas, was accused of planning to bomb a local popular mall.
• In September 2016, a Somali refugee went on a stabbing spree at a mall in St. Cloud, Minnesota. Knife attacks are signature terror acts for devout Muslims.
• Also in September, the Chelsea bomber, Ahmad Rahimi, was arrested and we learned his family came to the US from Afghanistan and were given asylum. Once granted asylum they are given all the same rights and privileges as the refugees we fly in.
• And, we can’t forget the successful attack by Somali refugee slasher, Abdul Razak Ali Artan, at Ohio State University.
• Dozens of wannabe Somali refugee jihadists (mostly from Minnesota) have been identified and/or convicted of wanting to leave the country to fight for al-Shabaab or ISIS.
• A full list of similar incidents is overwhelming…
When a rogue judge issues a ruling (opinion) at odds with standing law in favor of “social justice” regarding innocuous subjects, that’s one thing. But when they abuse their power in such manner as to block a President’s ability to protect this nation from terrorist activities, placing all American citizens in harm’s way, it becomes a matter of life and death and that makes these rogue judges complicit in the aiding and abetting of terrorist events.
America is not alone in this dilemma. In Canada, a 14-year-old girl was allegedly recently assaulted by a Syrian refugee at a high school event. “Speaking on condition of anonymity, the girl’s mother said two Syrian students attempted to grind with her daughter at the dance, before one of them began groping her breasts and forced his hand inside her underwear, touching her vagina.”
“Fredericton High School in New Brunswick vice-principal, Elaine Kilfillen, worried that the alleged attacker[s] “will become a target in our student population once the rumor mill gets going.” The girl’s mother claimed that school officials encouraged her daughter to understand the alleged attacker’s perspective and consider the effect her clothing may have had.” The attackers were given no more than a one-week suspension from school for the incident. (SOURCE)
Meanwhile, at Rockville High School in Rockville, Md., another 14-year-old girl was violently raped, sodomized and made to perform oral sex in a campus bathroom stall by the two males, according to court records. The attackers, Jose O. Montano, 17, from El Salvador, and Henry E. Sanchez-Milian, 18, from Guatemala, were charged with first-degree rape and two counts of first-degree sexual offense after they allegedly attacked the girl at 9 a.m. last Thursday. (SOURCE)
Clearly, we have a very serious immigration and refugee resettlement problem… Not that it is too hard to immigrate to America, but rather, far too easy!
Contrary to popular belief and the opinions of rogue judges today, admittance to the United States is not a constitutional right of the world body. Under 8 U.S. Code § 1182 - Inadmissible aliens, there is a laundry list of “inadmissible” aliens. Further, The Immigration and Nationality Act (§ 212(f)) gives the president plenary power to “by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants.” So, how are these rogue judge’s ruling against these laws?
Understanding the true nature of Islamic terrorism is a must for the future of the USA or any other country.
Any federal judge who rules against this law and the constitutional authority of the President to act under this law, is acting beyond their authority and against their oath. It is the very definition of “bad behaviour” on the courts.
Executive Branch Remedy
Because prior administrations have relied upon rogue judges to advance their political agenda through judicial activism and congress has neglected to control the runaway judiciary and rogue judges, it’s now falls to the Executive branch to deal with the problem.
“It has long been my opinion, and I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the constitution of the Federal Judiciary--an irresponsible body, working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction until all shall be usurped from the States and the government be consolidated into one. To this I am opposed.” —Thomas Jefferson to Charles Hammond, 1821. ME 15:331
For many years now, the courts have granted themselves the power to create or alter laws to suit a political agenda, through “case law” or “setting a precedent” and no one has dared to stop them. As a result, today the courts are not only the most powerful branch of government, but the most destructive branch as well.
When any Federal judge in this country takes it upon themselves to overrule a duly elected President acting in the interest of the nation and within their constitutional authority, something must be done.
The Trump administration need only take three constitutionally sound steps to begin reigning in the runaway Judiciary.
1. Refuse to acknowledge any rulings from a lower Federal Court on matters which fall under the “original jurisdiction” clause of Article III of the U.S. Constitution. Article III – Section 2 clearly states – “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.”
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction. The U.S. Supreme Court has both types of jurisdiction. Cases in which the U.S. Supreme Court has original jurisdiction, no other court in the country has any jurisdiction, which includes any case “in which a state shall be party,” such as State Attorney Generals filing the case on behalf of the State over the constitutionality of any federal act.
2. Whenever a State files a case over the constitutionality of a federal act, the Federal Government should immediately file for dismissal of that case on the grounds of improper jurisdiction, forcing the State Attorney to file at the U.S. Supreme Court under constitutional original jurisdiction or not at all.
3. Whenever a Federal judge exhibits “bad behaviour in the service of their sworn duty” by stepping beyond their constitutional authority, at odds with their oath of office or with standing Federal Laws as constitutionally passed by congress and affirmed by the President, they must be immediately removed from the bench for such “bad behaviour” to secure and protect the integrity of our entire judicial system. Allowing those who work to subvert and undermine the elected government and constitutional law to continue to serve from the bench destroys the integrity of our judicial system.
Trump is receiving horrible political counsel and legal advice (from whom?)
July of 2008, during the 08’ election cycle in which the unknown
man with a blank resume was running for President of the United States,
President George W. Bush placed attorney Don
McGahn at the helm of the Federal Election Commission,
who served at that post through eight years under Barack Obama.
Today, Don McGahn is now White House Counsel to President Donald J. Trump. Whose idea was this? Who is advising Trump on legal matters? If McGahn is advising Trump on legal matters, why is he advising him to play defense to the unelected judiciary on matters beyond their constitutional jurisdiction?
Contrary to the advice President Trump is being given, he does not have to take orders from an unelected lower court judge operating outside of their jurisdiction.
“This member of the government... has proved that the power of declaring what the law is, ad libitum, by sapping and mining, slyly, and without alarm, the foundations of the Constitution, can do what open force would not dare to attempt.” —Thomas Jefferson to Edward Livingston, 1825. ME 16:114
President Trump, not being a lawyer himself, is relying upon lawyers to tell him what he can or cannot legally do. Sadly, even the best of today’s lawyers have received far more training in British Common Law (precedence setting) than Constitutional Law.
No President can keep the oath to protect and defend the United States against foreign invasion or terrorist events on U.S. soil so long as rogue judges continue to use abusive and subversive powers not granted to them in Article III of the U.S. Constitution. Judicial activism and tyranny must be stopped by the Executive branch or the President cannot faithfully execute the laws of this land or keep his oath to protect and defend the people of the United States.
© 2017 JB Williams - All Rights Reserved
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JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He is co-author of the just released book – TRUMPED – The New American Revolution – with co-author Timothy Harrington, published by COFBooks.com. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, author and writer as well as a small business owner. He is co-founder of action organizations The United States Patriots Union, a civilian parent organization for The Veteran Defenders of America. He is also co-founder of The North American Law Center, a citizen run investigative legal research and activism organization focused upon constitutionally protected Natural Rights under Natural Law. Williams also co-hosts TNALC Radio every Sunday evening at 5:00 PM ET with TNALC Lead Counsel Stephen Pidgeon and he receives mail at: [email protected]
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E-Mail: [email protected]