The whole point of being a judge is to determine if a law or an action/inaction based on a law brought before the court can hold up to the standards set in the US Constitution. There, now you know more than the majority of judges on the 9th Circuit Court.
It most certainly helps when a judge actually reads and understands the original intentions of the Constitution.
“On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit – manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.” – President Thomas Jefferson admonishing Supreme Court Justice William Johnson
Over the years we’ve had leftist activist judges try to magically “find” words and meanings that aren’t really there, but what’s happened over the last decade or so would have the Founding Fathers turning over in their graves.
Today we face judges, who have an enormous amount of power, completely ignoring their role as determining if a case holds up to Constitutional standards, but instead base their decisions on whether or not the case holds up to their left-wing ideology. The Constitution is a standard. Left-wing ideology is a mental disorder.
When a judge abandons the actions of testing the standards of the cases brought before his/her court it’s time to recognize that they are no longer operating within the boundaries of the oath they took before they entered office.
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
There is nothing in the Constitution that says we have to have circuit courts, or even federal courts of any kind, except a Supreme Court. Congress, at their discretion, can disband all federal courts if they so desire.
The 9th Circuit Court of Appeals is in the crosshairs of Republican lawmakers seeking to speed up the court’s business and limit its controversial overreach.
These efforts may gain a new head of steam following the the court’s decision Thursday to uphold the temporary restraining order on President Trump’s executive order on immigration and refugees.
For Republican lawmakers, the actions of the court are nothing new.
In a statement released after the Thursday decision, Rep. Trey Gowdy, R-S.C., said, “No one familiar with the 9th Circuit Court of Appeals should be surprised at today’s ruling.”
Now it remains to be seen how that recent decision will impact existing efforts to overhaul the court.
Led by Republican Sens. Jeff Flake and John McCain of Arizona, legislation they introduced last month aims to carve six states out of the San Francisco-based 9th Circuit Court.
Nevada, Washington, Idaho, Montana, Arizona and Alaska, would become part of the to-be-formed 12th Circuit Court. California, Oregon, and Washington plus the Northern Mariana Islands and Guam would remain in the 9th Circuit Court.
In an interview Wednesday, Flake said the 9th Circuit Court is far too big and slow to properly serve the existing jurisdiction.
“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction,” Flake said. “It’s just too big.”
“We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it,” he added, saying the 15 months typically needed to hand down a decision is “far too long.”
Part of the hurdle to implementing common sense reform to the 9th Circuit Court has been resistance of the justices themselves.
According to Flake, “The problem is the judges in the 9th Circuit, particularly the liberal judges, don’t want to give up any of their jurisdiction.”
Some legal analysts have nicknamed the court the “Nutty 9th” or the “9th Circus.” Observers note the court has a reputation for being far too liberal — 18 of the court’s 25 justices having been appointed by Democrats.
As Peter Hasson pointed out in an article Friday on The Daily Caller, “Eight out of 10 cases from the 9th Circuit reviewed by the Supreme Court are overruled, according to a 2010 analysis published by the American Bar Association. The 9th Circuit, which is known for its liberal tendencies, has the second-highest reversal rate of the 13 appellate courts below the Supreme Court.”
One of the top rulings by the 9th Circuit Court that infuriated conservatives in recent years was the decision that the phrase “under God” in the Pledge of Allegiance is unconstitutional.