Jim Bratten
California governor Gavin Newsom said the Republican Party was essentially terminated in that state due to the passage of Prop 187. Denying state-paid education and free health care to illegal aliens, the popular law had passed overwhelmingly.
Then a district judge overruled the will of California citizens, knocking down Prop 187 by overstepping his constitutional duty. Federal judges have no business ruling against state law that does not conflict with federal law. There’s a Tenth Amendment for that and the state of California was free to write its own law impacting state budgets.
It happened again when the people of California voted by a substantial majority to deny the institution of marriage to same-sex couples. Again, a federal judge quickly struck down the Will of the People, setting up the confrontation of a few years ago, where the U.S. Supreme Court denied the decisions of voters in thirty states, inventing same-sex marriage out of thin air. No history supported the ruling and no constitutional basis existed for the Court’s decision. The Court ruled the way it did based on emotion and the cries of less than two percent of the U.S. population for “fairness.” Natural law and God’s design for marriage across millennia didn’t matter.
In 1973, the Roe v. Wade decision was done the same way. Overriding the states’ decisions on abortion, the Supreme Court found a way to invent a “right” that appears nowhere in the Constitution, just as they had in the 1947 ruling on the “separation of church and state.” In the last decade the Will of the People has been repeatedly ignored or overruled by judicial tyranny. We see it again in the refusal to acknowledge the executive powers of President Trump; the election results of 2016 (Will of the People) are dismissed wholesale, as a fluke.
When President Trump issued an executive order limiting admission to the U.S. by citizens from several nations in the Middle East, district court judges slapped it down. They were indifferent to the necessary restriction of immigrants and refugees from nations known for harboring Islamist terrorists, an executive call. Judges cried, “Religious discrimination against Muslims!” Their supporters in the Democrat Party and the Propaganda Press labeled Trump’s common sense action “bigotry, racism, and religious discrimination.”
Likewise Trump’s efforts to secure our southern border and stop illegal alien caravans from invading our nation; every action taken to secure our country and deport illegal aliens has been met with push-back – one executive order after another. Thankfully, as in the restrictions on immigration from suspect Islamic nations, a few of the wrong-headed lower court rulings against Trump’s efforts to secure our borders have been reversed or overturned.
Yet the resistance from the federal court system, as well as several state courts, continues, with a majority Republican Senate virtually silent.
Most recently Chief Justice John Roberts again exercised his judicial activism, as he had done with Obamacare in 2012, when he changed a penalty into a tax with a wave of his magic wand to save that unconstitutional law. Last week, Roberts sided, in error, with four progressives on the bench, ruling that the Commerce Secretary indeed had control over the content of the 2020 census form, regarding addition of a question on citizenship, but he had not given a good reason for including the question.
Taking a constitutional task out of the hands of the Commerce Secretary denied an executive branch action, and revealed the black robe tyranny of Justice Roberts.
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