The Easy Way to Cripple Judicial Tyranny

We’ve come up with an ingenious idea: the easy way to cripple judicial tyranny is to convince a single federal judge to issue an immediate nationwide injunction that a president cannot afford (politically speaking) to obey. This would force a governor or president to create a modern precedent for ignoring unconstitutional rulings of federal judges. This will force the US to get used to the idea that the executive branch is not a slave to the judicial branch. Especially if the judge continues to issue additional injunctions.

This works even if it is a conservative judge issuing hyper-conservative injunctions. This plan works even if we only convince one judge to participate.

Even impeachment won’t eliminate the immediate nationwide injunction until a higher court issues a stay. If the judge is impeached as well as ignored, this is a double whammy against judicial supremacy.

But he is unlikely to be removed from office because of the 8 federal judges removed from office in US history (230 years), none were impeached for a bad ruling. To avoid professional embarrassment, the judge can even explain in his ruling what his motivation is.

Let the judge design an injunction. There are thousands of possible injunctions that could work, since the federal government does many unconstitutional things. One example of an injunction that a President could not realistically afford to obey is a nationwide injunction against spending money on certain federal departments. There are plenty of departments to choose from, since the commerce clause does not really authorize spending on tasks that were not delegated to the central government by the Constitution.

Leave a Reply

Your email address will not be published. Required fields are marked *