It’s either the courts or our civilization Ep. 218

In this episode, we unload on the judicial crisis unfolding before our eyes, as the courts issue one civilization-killing opinion after another every few hours. We go through the history of judicial review and distinguish it from judicial supremacy. We explore some solutions for judicial reform, such as mandatory appeals of any lower court ruling on political issues. 

Today was also oral argument day for the immigration pause executive order at the Supreme Court. We explain why a 5-4 “victory” won’t be much of a victory in the long-run and how unless the courts are kicked out of immigration, the lower courts will continue doing their thing. There are many reasons why the courts are a sure thing for the Left and why merely “selecting better judges” never changes the arc of the jurisprudential velocity.   

Finally, we end with a discussion of Alfie Evans and how, unless we change the power of the courts and the power of government over health care, we will have the same horror on this side of the Atlantic.

Key quotes:

“This regulation [judicial review] is far from throwing any disparagement upon the legislative authority of the United States. It does not confer upon the judicial department a power superiour, in its general nature, to that of the legislature; but it confers upon it, in particular instances, and for particular purposes, the power of declaring and enforcing the superiour power of the constitution — the supreme law of the land.” ~James Wilson, Lectures on Law, Chapter XI, 1791.

“Now, Judge Douglas understands the Constitution according to the Dred Scott decision, and he is bound to support it as he understands it. [Cheers.] I understand it another way, and therefore I am bound to support it in the way in which I understand it.” ~Abraham Lincoln, debate VI with Stephen Douglas

“When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it.” ~Clarence Thomas, Patchak v. Zinke 

Show links

7 crazy rulings in just one week

GOP judge rules Trump must violate immigration law

Bureaucrats are already practicing medicine 

Link to our series of articles on the president’s absolute power to exclude for any reason

Mark Levin’s rant on judicial tyranny