President Donald Trump is on the right track but he is having great difficulty articulating his position. US Attorney General Jefferson Sessions can best support the president by using this weekend to catch up on his reading .
Article I of the United States Constitution vests “all” legislative power in congress; and Article III vests “all” judicial power in the United States Supreme Court (scotus). Nothing in the Constitution provides for the sharing of powers between the branches; and nothing gives the judicial branch jurisdiction over the executive branch; except that the Chief Justice presides over the trial of a US President.
The Constitution empowered congress to both establish courts inferior to the scotus and enact legislation establishing their respective jurisdictions. That legislation is known as The Judiciary Act of 1789. Neither the Constitution nor The Judiciary Act gives the judiciary power to override the President in the performance of his duties; only congress is empowered to impeach and try the President.
Article I of the Constitution not only vests “all” power to make law in congress, it also prescribes the procedure for doing so and articulates the constraints within which congress may exercise its legislative power. Court decisions, opinions or precedent are not constitutional means of enacting legislation; nor are they tantamount to legislation.
Judicial Review is a notion posited by Chief Supreme Court Justice John Marshall in the case of Marbury v Madison wherein Marshall reasoned that Section 13 of The Judiciary Act impeded the court’s ability to decide the case and was therefore unconstitutional. He further reasoned that, inasmuch as it was an Act of Congress, the court should have the power to review all legislation for possible constitutional conflict; and invalidate legislation as it sees fit. He also asserted that the court should have the power to permanently invalidate legislation as a remedy for perceived constitutional conflicts; and presumed to confer those powers on the court.
Even if Marshall’s convoluted rationale were valid, no one has the power to unilaterally enact legislation or amend the US Constitution; least of all the judiciary. It is not a function of the judiciary to arbitrate fairness; rather it is to adjudicate justice in accordance with the laws as they exist, not as judges think they should be.
The judicial branch has no authority to tell the President of the United States what he can and cannot do. Therefore, US Attorney General Sessions should spend this weekend reading up on the Constitution and the Judiciary Act, so that Monday he can advise President Trump to forget playing games with corrupt judges and instruct all government employees to comply with his instruction or be terminated for insubordination and dereliction.
To make America great again judges must be made to respect the boundaries intended to separate the powers vested in the United States government by the United States Constitution. IT IS TIME FOR ACTION BUT …