02/13/17

It’s Time to Impeach the Judges

By: Cliff Kincaid | Accuracy in Media

She endorsed him, and he paid respects at her funeral, but it appears that President Donald Trump hasn’t read Phyllis Schlafly’s book, The Supremacists: The Tyranny of Judges and How to Stop It. Rather than simply Tweet his disgust with rulings against his immigration executive order, Trump and his advisers should read the book, especially Schlafly’s Chapter 15. It offers a series of measures, including impeachment, to stop tyrannical judges.

Originally published in 2004, the book is available as a free download at Schlafly’s Eagle Forum website.

It’s a mess, a complete mess, is what Trump might say of the rulings against his executive order. But as President, he can do something about it. Yet, he has simply issued a series of Tweets, one of the latest being that “dangerous” foreigners are being allowed into the U.S. because of the judicial rulings. But since when do judges decide the foreign or immigration policies of the United States? Where is that written in law or the Constitution?

Two conservative scholars, Dr. John C. Eastman and Hans von Spakovsky, have clearly explained how the judicial rulings against the order are not based on law or the Constitution. What is lacking is an effort by the administration and Congress to remove or restrict the power of tyrannical judges who present their own liberal personal opinions as expressions of the facts and the law.

In matters like this, the media are careful to outline the bounds of acceptable legal opinion. Hence, it is assumed in much of the coverage and commentary that Trump has no option other than to abide by the judicial rulings. Nothing could be further from the truth, as Schlafly’s book explains.

In his column, Eastman writes, “…the notion that a single federal trial court judge can take it upon himself to determine national security and immigration policy, in the face of explicit determinations made by the president with the full support of law actually adopted by Congress, is so far beyond the judicial role as to pose a serious threat, not just to our national security, but to the rule of law.”

Columnist J.B. Williams argues that Trump’s new head of the Department of Homeland Security, General John F. Kelly, appeared to be taking orders from unelected judges instead of the Commander-in-Chief when he issued a statement promising “compliance” with the court order. This constituted a “mutiny” against the President, Williams argued. Kelly knows “that the order issued by Trump was both legal and necessary to the security of the United States and that the Commander-in-Chief had the full authority to issue that directive,” he wrote.

Trump and his advisers should read Schlafly’s book to understand the damage that has already been done by these tyrannical judges.

A lawyer who wrote more than a dozen books, Schlafly listed many examples of how judges have rewritten the Constitution, noting how they have:

  • censored the Pledge of Allegiance in public schools;
  • removed the Ten Commandments from public schools, buildings, and parks;
  • changed the definition of marriage;
  • banned the acknowledgment of God in public schools, at graduations, and at football games;
  • imposed taxes and spending of taxpayers’ money;
  • rewritten laws of criminal procedures;
  • dismantled laws that protect internal security; and
  • upheld racial preferences and quotas in hiring and college admissions

Schlafly wrote, “The cancer of judicial supremacy will not go away until the American people rise up and repudiate it. It’s time for the American people to notify their elected representatives, federal and state, that it is their mission to restore the Constitution with its proper balance among the three branches of the federal government. We must save self government from the rule of judges. The whole future of America depends on it.”

The future is now. The American people don’t have to wait for Judge Neil Gorsuch or others to be confirmed to the high court for this problem to be rectified. The President and the Congress can, and should, take action right now.

Schlafly’s steps to terminate the rule of judges and restore constitutional self-government include:

  • Reforming Senate rules so liberals are not able to defeat constitutionalist nominees by preventing the Senate from voting them up or down;
  • Curbing the power of the judicial supremacists by legislating exceptions to court jurisdiction;
  • Prohibiting the spending of federal money to enforce obnoxious decisions handed down by judicial supremacists;
  • Congress should impeach federal judges who make outrageous rulings that have no basis in the Constitution; and
  • Congress should prohibit federal courts from relying on foreign laws, administrative rules, or court decisions.

Columnist J.B. Williams wonders if Trump is really up to this task. He asks if the President has the backbone to fight and defeat these anti-American activists in the courts in order to “drain this swamp?” He then asks, “Do his appointees, like General Kelly and Jeff Sessions, really have what it takes to put these illegal activists in their place and return this country to the rule of constitutional law?”

In his statement on her passing, Trump called Phyllis Schlafly “a conservative icon who led millions to action, reshaped the conservative movement, and fearlessly battled globalism and the ‘kingmakers’ on behalf of America’s workers and families.”

One of her best and most relevant books was The Supremacists: The Tyranny of Judges and How to Stop It. Trump’s advisers should purchase or download copies of the book and provide them to members of the Cabinet and members of Congress. The book outlines how the president can go beyond Tweets in curbing the power of tyrannical judges.

If Trump and his Cabinet are serious about draining the swamp, writes J.B. Williams, the left must be stopped from using activist judges to thwart Trump’s attempts to secure the USA and enforce our laws. “Or else,” he writes, “the notion of draining this swamp is a joke!”

Trump is now in a position to confront the “kingmakers” in the courts. But he must do more than Tweet his disapproval of them. In his words, they are so-called judges. But recognizing their authority by filing another set of appeals is not the answer. He must seek their removal from the bench.


Cliff Kincaid is the Director of the AIM Center for Investigative Journalism and can be contacted at [email protected]. View the complete archives from Cliff Kincaid.

08/5/15

Exposed: America’s Enemies Within

By: Lloyd Marcus

Planned Parenthood

My 87 year old black Dad called to say he wanted to congratulate me for my perseverance. “You finally have me and all your siblings (4) agreeing with you.”

My deep desire is to alert my son, daughter and other non-political hard working Americans of the moral, spiritual and cultural evil threatening to overtake our great nation. No longer are we simply engaged in a battle of ideas – Republican vs Democrat – liberal vs conservative. America’s choice of governing has become far more daunting – light vs darkness – good vs evil. “Choose ye this day, whom you will serve.”

Despite Leftist merchants of evil using big words and arrogant condescension to convince us that morality is relative, we instinctively know some things are good and some things are bad. Equally annoying is Leftists’ air of superiority – claiming to care more than us commoners about equality, saving the planet and all life; their evil intentions hidden beneath a shroud of faux compassion.

Leftists have what I call their no-pictures-please policy. They get fuming mad whenever anyone accurately describes, visualizes or shows pictures of procedures and behaviors the Left has demanded that Americans embrace. For example: Leftists want women to freely kill their babies all the way up to moments before birth. The last thing they want the public to see is video of the partial birth abortion procedure. http://bit.ly/1eBCMuY

Yes, I am unequivocally saying liberals/Democrats (Leftists) are forcing their evil agenda down America’s throat. “Forcing” is exactly what the Left is doing. Americans typically vote against Leftists’ desire to make abhorrent behavior mainstream and transforming America into a welfare state. Leftists send in their activist judges to overturn the will of We the People. After verbally slapping us around calling us racist, sexist and homophobic, Leftist judges make what the people voted against into law.

For we wrestle not against flesh and blood, …, against spiritual wickedness in high places.” As I lay out the facts, you judge for yourself.

Videos exposing Planned Parenthood’s inhuman thriving baby-body-parts-are-us business have horrified the nation. http://fxn.ws/1gmAdyJ Americans are demanding that government stop giving PP $500 million a year of taxpayers’ money. http://fxn.ws/1OPCfD2

Well, guess where the majority of PP chop shops are located? Black neighborhoods. PP founder Margaret Sanger pulled no punches. PP was started to deal with “the negro problem.” http://bit.ly/1Db9Vtb Sanger believed blacks were inferior and bred too often. Black abortions are disproportionately higher than whites.

Blacks who have not been seduced by the dark side are sounding the alarm letting blacks know they are aborting themselves into extinction. www.blackgenocide.org A billboard in a black neighborhood read, “The Most Dangerous Place for An African-American Is in the Womb.” http://bit.ly/1OOt2e9 Guess who was outraged and demanded the billboard be taken down? Al Sharpton and other assorted Leftists who claim to be advocates for blacks.

Sharpton is leading the charge in the hate inspired “Black Lives Matter” movement; founded on the lie that white cops routinely murder blacks. I guess black baby lives do not matter to Sharpton when they are killed by his Leftists homeys at PP.

Here’s another thing that causes one to scratch their head. Leftists are fanatical about protecting the rain-forest. They say it may hold a cure for AIDS. And yet, most Leftists are obsessed with killing babies. Even after a baby survives a failed abortion, Leftists demand that medical staff let the baby die. Amazingly, a law had to be passed to end this barbaric practice. http://bit.ly/1SOQp7Q Why haven’t Leftists considered the possibility that the doctor or researcher with a cure for cancer, AIDS and other diseases may have been among the 55 million babies aborted in America since 1973. http://bit.ly/1JvpltE

Leftists are defending PP black marketing baby body parts. And yet, these same Leftists are tearfully outraged over the death of a furry animal and fight to their death to protect trees and imprisoned cop killers. There is something seriously wrong in people who possess such a mindset.

Good morning Ma’am. We appreciate your patronage over the years. However, our religious conscience prevents us from baking a wedding cake for your marriage to a woman. I imagine this is pretty much how the conversation went. Well, all heck broke loose. Christian bakers Aaron and Melisa Klein had to close down their shop and state ordered to pay a lesbian couple $135,000 in absurd damages.

Check this out folks. America rallied behind the Kleins and started a donations account. When the account reached $100,000, homosexuals pressured Go-Fund-Me into shutting down the account – claiming Go-Fund-Me was supporting hate. http://bit.ly/1OON1cF

Okay, so first homosexual activists fined the Kleins $135k. Then, they attempted to block efforts to pay the fine. So, the fine is not about paying the lesbian couple, it is about destroying the Kleins. In essence, Leftists want to hang the Kleins’ economically bloody carcass in the public square as a warning to Christians who refuse to betray their faith. Can you say an assault on Christians’ constitutional “free exercise of religion”, boys and girls?

Scripture says “no weapon formed against us shall prosper” and “what they meant for evil, God meant for good.” The Kleins’ account has reached $372,000, thus far. http://nbcnews.to/1SgNk5t Praise God!

The Kleins have five kids with whom they planned to leave their business. Leftists have other plans for the Klein family.

Dad calling me about his and my siblings’ conversion was really cool. However, I am constantly thinking and praying for wisdom to awaken fellow blacks and other Americans continuously played by Leftists. I rest in the knowledge that surrendering to evil is the only way we fail.

Interviewers have asked on numerous occasions, “How do you endure the name calling and hate you receive as a black conservative Republican?” I reply, “It is easy because I know I am on the right side….God’s.”

Lloyd Marcus, The Unhyphenated American
Chairman, Conservative Campaign Committee

01/12/15

The Dismantling of Federalism

By: Nancy Salvato

It wouldn’t be surprising, if polled, that many United States citizens would feel disenfranchised when it comes to politics. Though the right to vote and petition the government is supposed to make sure the people’s interests are considered, we the people are not given standing to question the constitutionality of laws, i.e. The Affordable Care Act. Political parties are no longer able to moderate the positions of the most extreme members of our society, who feel compelled to take law into their own hands, i.e. exhibiting anarchy against the rule of law in response to the Grand Jury’s decision not to indict in the events surrounding Ferguson. Extremism, lack of understanding, apathy, an agenda driven 4th Estate, all work against the citizenry in exercising their rights and responsibilities with fidelity in today’s society. How did it come to this?

One of the earliest Supreme Court cases to set precedent (A decided case which is cited or used as an example to justify a judgment in a subsequent case—ninja words) for our rule of law was Marbury v Madison. What happened is this. Before leaving office at the end of his term, 2nd President John Adams appointed a slew of judges to the federal courts to maintain an ongoing Federalist Party influence during upcoming Democratic-Republican President Thomas Jefferson’s tenure in office. John Marshall was unable to deliver all the commissions before our 3rd President began his term of office and Jefferson refused to have the remainder of the commissions delivered. William Marbury, who was to receive a commission, was not pleased with this turn of events and applied to the Supreme Court for a writ of mandamus, to force delivery of the commissions.

Angered by the appointment of the “midnight judges” Jefferson and the Democratic-Republican Party controlled congress attacked the Federalist controlled courts, removing many of the appointees by repealing the Judiciary Act of 1801, under which authority many of the appointments were made. To prevent an appeal on the subject, they determined the Supreme Court would not reconvene until 1803. By doing so, the executive and legislative branches appeared to be cementing their authority over the judicial branch.

The newly appointed Chief Justice John Marshall was in a bind. He did not want to further anger the Democratic-Republicans, fearing the administration would go as far as to simply ignore any decision made by the Supreme Court, if it appeared to further a Federalist agenda. Yet, he truly believed that Marbury’s commission was legally binding and should have been delivered. He resolved this conundrum, at the same time elevating the judiciary branch as co-equal to the other branches, by determining that the power to issue a writ of mandamus –given to the Supreme Court as part of the Judiciary Act of 1789, was actually “unconstitutional.” Therefore, he could not issue a mandate regarding the commission, satisfying Jefferson. At the same time, Marshall established the power of judicial review, ensuring the other branches abide by the Constitution, as interpreted by the Judicial Branch. In doing so, this elevated the status of the Judicial Branch, giving it the sole power to determine the constitutionality of law – a power for which it was never intended, but is now associated with this branch.

Influenced by Baron de Montesquieu, the Framers intended to prevent tyranny by dividing the powers delegated to the federal government into three branches of government, which could check and balance each other. In addition, according to the 10th Amendment, powers not delegated to the federal government were to remain with the states and the people. If the constitutionality of a law is in question, this determination is presumably up to the states and the people to decide. The precedent for this is called nullification.

“If the feds pass a law that a state deems to be outside the boundaries of its proper constitutional authority, the state will simply ignore the law and refuse to comply with it.” – The New American

This idea, that the states could declare a federal law null and void because it violates the compact between the states and the federal government, eventually leads to the secession of the southern states from the union.

Because most people associate the Civil War with making good on a promissory note to those who were not treated equally under the law, the precedent for nullification is lost on the majority of citizens.         This is problematic because citizens have no standing to bring questions of constitutionality before the Supreme Court and states have lost the main check and balance intended to ensure their interests were defined and respected by the federal government with passage of the 17th Amendment—which eliminated the choosing of senators by the state legislatures and having them directly elected by the people. There is currently a movement to remove the last check and balance of the states with the elimination of the Electoral College.

There are currently a number of issues against which the states and people seem to be rendered powerless.

1) Immigration: By not enforcing the laws that Congress has passed on securing the border and immigration, the Executive Branch is marginalizing the Legislative Branch.

2) Obamacare: By unilaterally changing the text of the Affordable Care Act without seeking the changes legislatively, the Executive Branch is manipulating written law by decree, marginalizing the Legislative Branch.

3) Gitmo: Mr. Obama is “transferring” enemy combatant prisoners from Guantanamo Bay in an effort to empty the prison, in effect forcing a “closing” of the facility, something that Congress has passed legislation to prevent.

4) EPA: Using Executive Branch decreed regulations instead of seeking legislation from Congress, Mr. Obama is effectively legislating by regulating, and affecting many pieces of legislation Congress has passed to affect pro-economic growth.

Now that the new Congress has been seated, the President Obama has promised to veto any legislation that doesn’t further his agenda. It would seem that more than ever, the states and the people must reassert the powers which were never given to the federal government in order to prevent the tyrannical practices taking place at the federal level.

James Madison, in Federalist 51, writes,

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

It seems that the failsafe measures which were put in place to oblige the government to control itself have been breached.         It is up to the states and the people to restore the natural order once again.

Copyright ©2015 Nancy Salvato

Nancy Salvato is the Director of Education and the Constitutional Literacy Program for Basics Project, a non-profit, non-partisan research and educational project whose mission is to re-introduce the American public to the basic elements of our constitutional heritage while providing non-partisan, fact-based information on relevant socio-political issues important to our country. She is a graduate of the National Endowment for the Humanities’ National Academy for Civics and Government. She is the author of “Keeping a Republic: An Argument for Sovereignty.” She also serves as a Senior Editor for NewMediaJourna.usl and a contributing writer to BigGovernment.com and FamilySecurityMatters.org.