The Supreme Court's expanding emergency docket is increasingly replacing the deliberative judicial process in some of the country’s most consequential constitutional disputes.
"Last week, the Trump administration went to the Supreme Court, asking the justices to allow construction of the White House ballroom to continue while litigation over the controversial renovation moves forward. The request is the latest in a growing number of consequential disputes over presidential authority to reach the Supreme Court through emergency applications rather than ordinary appeals."
OK, I stopped right there. The construction of a ballroom is a consequential dispute? Hardly. The current situation is largely due to litigants who see emergencies under every bed. Just look at the stupid suit over the golf course just south of the Jefferson Memorial.
OK, so I pushed on. The rest of the article was pretty good.
What really needs to happen is that the U.S. Judicial Conference needs to reign in judges who allow the system to be so abused. The Supreme Court can certainly play a role in this.
The congress needs to start impeachment proceedings for the worst offenders. Right now they are Democrats, but the future it might be republicans. Those exceeding their authority regardless of political affiliation need to be sent to pasture. This message will be heard by all.
That is what needs to change. This is good for both political parties btw. I have a hard time believing that our very human judges are not exceeding their authority when there is nothing but their conscience to prevent that.
Unfortunately extreme situations call for extreme measure in some cases and with the current communists in power on the DemocRAT side and their Republican enablers on the other along with all their appointed infiltrator commies at all levels of government and judiciary, it is the only way forward. I think also, the military may eventually have to get involved. Emergency Powers are for this specific reason imo.
I think generally I would agree. There are definitely situations that require emergency powers and emergency orders to avert some kind of catastrophe. I think particularly of the rise of Islam and mosques in connection either to CAIR or the Muslim Brotherhood, both of which have been banned in the UAE (but don’t worry, American liberals know better than the Arab nations) or the rise of the DSA. We could even throw in immigration-related things just for good measure.
However, I think the spirit of the concern regarding the article is that not so much that these things are intrinsically bad or unnecessary, but that we really do seem to be living in an age where that’s the normative practice. I think when that happens, what’s next? Governmentally, that will become the standard way to adjudicate which means that when the power shifts in favor of Democrats or the socialists, they’ll be able to do the same thing. That’s what’s really concerning.
If the standard way of governance that is happening right now is through emergency measures, all that needs to happen is a different political party with different intentions and goals using those same procedures for ends that harm America.
I understand but the 'age' you reference has only been since Trump became POTUS. Why is that? Because he has been obstructed every step of the way by the UniParty Cartel in Washington and in order to get things done for the American people and the country, he has had no other recourse. I support his efforts and will continue to do so because we have NO ONE ELSE.
We can pretend that this is not all purposeful, or we can do something about it. Those who knowingly exceed their authority need to be impeached. I realize that this may seem partisan, but if you think about it, impeachment has been exceedingly rare. Judges who know they are untouchable are more likely to exceed their authority on both political sides. Reminding the judges that it actually is a useful remedy will make them think twice before acting politically. Judges are outside "our democracy" and should not be empowered to make law. We need to ramp up impeachments to make limits clear.
The root cause of Executive Orders (EOs) is that the size and importance of the federal government and the role of the POTUS has become much larger than The Constitution ever contemplated. The Framers thought of the states as the locus of control for people. That has clearly shifted to DC. And the Framers also designed a government that would move slowly by dividing power which was meant to frustrate people who wanted fast unilateral action. Here is the shocking idea of the Framers; People would have to work with each other like in a democracy.
Over time people have increasingly focused on the role of POTUS even thought POTUS was not supposed to be where the electorate placed their hopes of representation. That was supposed to be in the COTUS. Now people don't even know the names of their COTUS representatives. So, today the electorate holds the POTUS responsible for the economy and all kinds of success metrics.
Trump has taken the idea that if the president is held responsible for everything then he is going to act. That's not an unreasonable assessment of the role today. Then he pushes the envelope by issuing EOs to advance his agenda and takes the position if the SCOTUS tells him his actions are unlawful then he either changes the approach or stops doing it altogether.
"Last week, the Trump administration went to the Supreme Court, asking the justices to allow construction of the White House ballroom to continue while litigation over the controversial renovation moves forward. The request is the latest in a growing number of consequential disputes over presidential authority to reach the Supreme Court through emergency applications rather than ordinary appeals."
OK, I stopped right there. The construction of a ballroom is a consequential dispute? Hardly. The current situation is largely due to litigants who see emergencies under every bed. Just look at the stupid suit over the golf course just south of the Jefferson Memorial.
OK, so I pushed on. The rest of the article was pretty good.
What really needs to happen is that the U.S. Judicial Conference needs to reign in judges who allow the system to be so abused. The Supreme Court can certainly play a role in this.
The congress needs to start impeachment proceedings for the worst offenders. Right now they are Democrats, but the future it might be republicans. Those exceeding their authority regardless of political affiliation need to be sent to pasture. This message will be heard by all.
Not happening in 2026. The Congress of 1826 would do it, maybe even that of 1926, but not today's.
That is what needs to change. This is good for both political parties btw. I have a hard time believing that our very human judges are not exceeding their authority when there is nothing but their conscience to prevent that.
Unfortunately extreme situations call for extreme measure in some cases and with the current communists in power on the DemocRAT side and their Republican enablers on the other along with all their appointed infiltrator commies at all levels of government and judiciary, it is the only way forward. I think also, the military may eventually have to get involved. Emergency Powers are for this specific reason imo.
I think generally I would agree. There are definitely situations that require emergency powers and emergency orders to avert some kind of catastrophe. I think particularly of the rise of Islam and mosques in connection either to CAIR or the Muslim Brotherhood, both of which have been banned in the UAE (but don’t worry, American liberals know better than the Arab nations) or the rise of the DSA. We could even throw in immigration-related things just for good measure.
However, I think the spirit of the concern regarding the article is that not so much that these things are intrinsically bad or unnecessary, but that we really do seem to be living in an age where that’s the normative practice. I think when that happens, what’s next? Governmentally, that will become the standard way to adjudicate which means that when the power shifts in favor of Democrats or the socialists, they’ll be able to do the same thing. That’s what’s really concerning.
If the standard way of governance that is happening right now is through emergency measures, all that needs to happen is a different political party with different intentions and goals using those same procedures for ends that harm America.
I understand but the 'age' you reference has only been since Trump became POTUS. Why is that? Because he has been obstructed every step of the way by the UniParty Cartel in Washington and in order to get things done for the American people and the country, he has had no other recourse. I support his efforts and will continue to do so because we have NO ONE ELSE.
Spot on !
We can pretend that this is not all purposeful, or we can do something about it. Those who knowingly exceed their authority need to be impeached. I realize that this may seem partisan, but if you think about it, impeachment has been exceedingly rare. Judges who know they are untouchable are more likely to exceed their authority on both political sides. Reminding the judges that it actually is a useful remedy will make them think twice before acting politically. Judges are outside "our democracy" and should not be empowered to make law. We need to ramp up impeachments to make limits clear.
The root cause of Executive Orders (EOs) is that the size and importance of the federal government and the role of the POTUS has become much larger than The Constitution ever contemplated. The Framers thought of the states as the locus of control for people. That has clearly shifted to DC. And the Framers also designed a government that would move slowly by dividing power which was meant to frustrate people who wanted fast unilateral action. Here is the shocking idea of the Framers; People would have to work with each other like in a democracy.
Over time people have increasingly focused on the role of POTUS even thought POTUS was not supposed to be where the electorate placed their hopes of representation. That was supposed to be in the COTUS. Now people don't even know the names of their COTUS representatives. So, today the electorate holds the POTUS responsible for the economy and all kinds of success metrics.
Trump has taken the idea that if the president is held responsible for everything then he is going to act. That's not an unreasonable assessment of the role today. Then he pushes the envelope by issuing EOs to advance his agenda and takes the position if the SCOTUS tells him his actions are unlawful then he either changes the approach or stops doing it altogether.
So we have met the enemy, and he is us.