Unelected over-reaching judges driven by blatant partisan political activism are trying to thwart the will of the People by issuing decisions (“orders”) on Trump administration activities that are far outside their courts’ constitutionally defined jurisdictions.  Something like nearly 100% of these decisions in the past twenty years have been issued against President Trump alone, which shows that Democrat party judicial tyranny is the same as Democrat party Executive Branch tyranny.  These people will burn down America’s constitutional norms simply to hold on to power.

Executive Branch decisions that are solely the jurisdiction of the Executive Branch are not up for question or “orders” by the Judicial Branch.  But this elementary separation-of-powers fact is not stopping these political activists in black robes.  Something needs to be done to stop their power-grab, to restore balance to the galaxy.

That some people, especially John Roberts, the chief justice of the U.S. Supreme Court, want these outlandish decisions to be adjudicated through the lengthy, time-consuming appellate process means just one thing: They want to stop President Trump’s agenda by any means necessary.  No matter how illegal or unconstitutional, they want the Judiciary to be the sole arbiter of the Judiciary’s own unconstitutional overreach.

In other words, We have investigated ourselves and found no wrongdoing.  The Judiciary is so far mostly siding with itself in hogging more power than the Constitution grants to judges, and it is unlikely to stop itself from hogging even more power.

This is not an acceptable way to run the American republic, and something or many things must be done to fend it off.  Some are talking about impeaching the most rogue, most lawless, most openly partisan of these judges, such as James Boasberg and Beryl Howell.  Okay — one survey I saw showed a 2:1 margin in favor of impeaching them, so get on with it, U.S. House speaker Mike Johnson.  Impeachment will probably send a good signal, even if conviction and removal in the U.S. Senate is not guaranteed.  Impeachment hearings will tie up a judge’s workload and cause it to be redistributed to other active judges.

Another way to end this radical Judiciary’s assault on democracy is to take away their funding and to then re-organize the courts, and then even more clearly define their jurisdictions in the reorganization process.  All of this is the sole purview of Congress, and while the Republicans have the majority, so should they act.  So get on it with it, Speaker Johnson.  Do your duty.

Another way to respond to these lawless activist judges is simply to ignore their decisions. Issue blunt and stinging rebukes to their overreach, and carry on with Executive Branch activities as if they had never been involved.  This will cause the Democrat party’s mainstream media outlets to scream that there is a “constitutional crisis,” but again, I think there is sufficient new media firepower to override that dead horse with the response that whatever “crisis” exists is solely due to the Judicial Branch’s inability to stay in its own constitutional lane.

There is also a potential hybrid response the Trump administration can make, which I am advocating here: For every dingbat left-wing anti-America judicial “order,” such as Boasberg demanding that hardened illegal alien criminals — murderers, rapists — be returned to America from where they were legally deported to, the Executive Branch must issue a commensurate order in response.

For example, President Trump can issue an executive order requiring Judge Boasberg to personally retrieve all the illegal aliens he wants returned to America — with no promise that said wild-man judge will be allowed back into America, because of aiding and abetting said criminal illegal aliens.  Or President Trump can issue an executive order that countermands exactly the precise wording of whatever unconstitutional order Judge Beryl Howell has issued.

Thus, this whole “crisis” becomes a battle of equal orders, from the rogue Judiciary against the Executive Branch, and from the Executive Branch back against the power-hogging Judiciary. This “eye for an eye, order for an order” response will flesh out the visible constitutional symmetry that President Trump’s administration needs the public to see.  No longer will this situation be cast as “The courts have spoken,” which always goes against the Republican president; rather, it will be two co-equal branches of government issuing co-equal orders against one another, each order canceling out the other.

An eye for an eye, an order for an order.  And if the Judiciary refuses to follow the executive orders, then so shall the Executive Branch be free to ignore the wild judicial orders as well.  True constitutional parity restored.

Josh First is a small business owner in central Pennsylvania, a political activist, and D.C. Beltway escapee. 

Image: Gage Skidmore via Flickr, CC BY-SA 2.0.