The best inoculations against gullibility and ignorance are knowledge and critical thinking. The ability to think critically is the skill that would allow Americans to appreciate the pernicious import of the term judicial restraint. The implication, the term is intended to convey, is that the United States Supreme Court (scotus) possesses ultimate power; and that it is solely in its discretion whether or not, when and how to wield that power.
This is of course not true; but the only body empowered by the United States Constitution to impeach and try any and every government official, for misconduct in office, is congress; and the paramount concern of every member of congress, twenty four hours a day, is how to disparage and discredit the other party in an effort to gain a party majority; ideally party supremacy; in congress.
Even if there were a member of congress who was cognizant of his or her constitutional responsibility, not one of them is inclined to subordinate their own self interests to do their job. This congressional incompetence fosters a corrupt judiciary. This judicial corruption is epitomized in Ruth Bader Ginsburg; who has not only demonstrated her refusal to be constrained by the precepts of the Constitution or ethical codes, she also implicitly sanctioned lower courts to disparage the President of the United States; for whom she harbors extreme animus; and attempt to obstruct his administration by any means.
U.S. District Judge Nicholas Garaufis elected to avail himself of this implied impunity and not only disparaged the president; but also proceeded to testify from the bench. Garaufis’ corruption is manifest in the fact that he delivered his rebuke while presiding over a case in which he has no authority to award the remedy sought.
The eleventh amendment to the US Constitution; which states,
clearly establishes that the jurisdiction of the US judiciary is not without limit; not every dispute is within the purview of the judicial branch to settle; and inasmuch as the so called DACA people are legally subjects of a foreign state, their dispute exceeds the scope of the US judiciary. Moreover, in that DACA is an order to contravene duly enacted immigration laws, it is patently an order to commit an illegal act and therefore unenforceable.
Further, nothing in the US Constitution empowers any United States court to dictate the activities of any other branch of US government. The court has no constitutional authority to direct the President of the United States or any agency of the executive branch acting under the authority of the President in the performance of their duties; nor direct them to act contrary to the orders of the President.
Garaufis contravenes the Constitution without compunction or regard for his oath to “…faithfully and impartially discharge and perform all the duties incumbent on me…”; and he clearly shares Ginsburg’s disdain for the President and proudly numbers himself among the growing number of corrupt jurists.