Author: Hans von Spakovsky
No other American president met with such an hostile, ideologically powered Court war like President Donald Trump. But there was a president who also faced a lot of new, hostile judges appointed by his predecessor – and his example is an engaging historical lesson.
This previous president was Thomas Jefferson, the third president of the United States and author of the Declaration of Independence.
Today, Trump’s administration is in the face of an unprecedented number of unlawful national orders of federal judges who apparently believe that they are anointed and not appointed.
Those judges, the overwhelming majority of democrats, clearly conduct political fights liberals lost in the November 2024 election – a gross attempt to prevent Trump from his constitutional authorities to implement the policy approved by 77 million American voters.
Although there are almost 700 judges of the District Court, 35 out of 40 orders issued from May 15 came “of the same five court districts”, general lawyer John Sauer He indicated the Supreme Court In oral arguments regarding national orders issued in matters of born citizens. Even more orders have been issued since then.
They include orders of judges such as the Massachusetts District Judge Brian Murphy, whose decision against the removal of criminal aliens to third countries has recently remained by the Supreme Court.
Murphy was he ran The Senate of Chuck Schumer in the disappearing days of Biden administration, and his nomination barely confirmed on December 2, 2024 in voting 47-45. Even Susan Collins Maine, probably the most liberal Republican in the Senate, voted against Murphy because he is so radical.
This may seem incredibly similar to the events preceding the inauguration of Jefferson on March 4, 1801.
As the students of American history know, Thomas Jefferson defeated the attempt to win the second term of John Adams in a bitter race, which resembled Slugfest, which we saw in the last two presidential election. Because Jefferson and Aaron Burr won the same number of votes in the election college, with Adams in third place, the House of Representatives decided the winner by choosing Jefferson as a new president.
Interestingly, many problems in this campaign are similar to today’s problems, and Adams and Jefferson are fighting for everything, from government size to tax weapons. Adams federalists reminded today’s Democratic Party, while the Republicans Jeffersonian reminded today’s Republicans, including Trump.
What helped Adams and federalists in their re -election efforts was to adopt foreign files and sedit files that constrained the rights to the first amendment of the Americans.
In particular, the Act on Sevicia was used to prosecute the critics of Adams administration. When Larry Schweikart and Michael Allen introduce “the history of the Patriot of the United States”, although the language of the act was “rather unclear”, federalist “judges understood it. According to the act, they arrested, tried, convicted and prison in prison or punish punishment of twenty -five people, mainly Republican editors of newspapers, including Lyon, who won him, who won him regeneration, and still for asp. “
Does this not resemble the tactics of previous administration for pressure and forces social media platform to censor the opinions of their critics and anyone who did not agree with their view of the world?
Or maybe it? According to Schweikart and Allen:
Republicans definitely won both legislative and executive departments of the government in November, leaving Adams to only one hope to sluggish down their program: judicial nominations. His unreasonable fear and hatred of Jeffersonians led him to take a step, which, although constitutional, yet directly opposed the will of voters. In February 1801, Adams sent a new law on the judiciary to the Klavy Congress, and she passed, creating about five dozen new federal judges at all levels, from federal regions and district courts after peace judges. Then Adams began the commission of die -hard federalists to each of these life positions – the trial so time consuming that the president was busy signing the commission in midnight of his last day of office.
These judges were immediately confirmed by Lame Duck SenateIn the same way, which the lame duck of Schumera confirmed 22 federal judges between the election day and the end of the 117th Congress. These are almost two dozen judges in less than two months-nawet despite the infamous two-day Senate Work Week.
The Senate of the Democrats controlled by Democrats managed to give Joe Biden a record for the most federal judges confirmed in one four -year term of office of each president, except for Jimmy Carter, who exceeds Biden, because the Congress created 150 new judges during his term.
Biden judges, together with judges confirmed during two terms of Barack Obama, constitute more than half of all judges of the District Court in the country, and many of them seem to be radical leftist ideologists.
What can Jefferson do with the lifetime federal appointments of the judiciary who, like Schweikart and Allen in detail, “the remaining federalist”?
Their impeaching would be almost impossible; This is a tough procedural process requiring two-thirds of votes in the Senate in the matter of conviction-can even find justified grounds for removal.
But Jefferson found a different solution.
Pursuant to art. III all federal courts, except for the Supreme Court, are the work of Congress, as proven in the Court Act of 1801, which Adams used to put his political allies in new federal judges.
Jefferson’s allies in Congress changed the Act on the Adams judicial in 1801 in order to eliminate court places of 33 federalist judges, basically removing them without impeachment. Most of the votes in the Chamber and Senate, and the penal of the pen helped to remedy the Jefferson problem – it does not require impeachment.
I do not suggest that the same medicine is used today to deal with the problem of a dishonest judge. In any case, there is no doubt that the medicine could not even get through a filibuster in the Senate.
House of Representatives passed His own proposed solution, the NO ROGUE rulings, in order to impose restrictions on national orders that now appear before the Senate. Moreover, the Supreme Court in Earth can act itself to stop these judges and their improper behavior.
Nevertheless, looking back at our own story can sometimes be both informative and informative.
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Hans von Spakovsky is the head of the initiative of the Electoral Law reform and an older lawyer at Edwin Meeese III Center for Legal and Sudzial Studies at Heritage Foundation.
