Some responses have finally begun to trickle out from the White House on the federal court ruling that Trump’s supposed “emergency” tariffs were illegal. Of course, there was the ol’ standby yowl about “unelected judges” ™. There was also Stephen Miller with his "outrage” at the ruling, as he wrote on social media that “We are living under a judicial tyranny.” A couple of things. And this is all really basic and easy. Seriously. It's really basic and easy. And something that has gnawed at me for a very long time, far-transcending even the time of Trump. Which is why it's all the more notable that it's...really basic and easy. First, to people like Stephen Miller, the justice system in the United States, and the U.S. Constitution providing for checks-and-balances between the three branches of government is “tyranny.” That’s why the people who call people like Stephen Miller – which includes Trump and his administration – “fascist”. Because thinking justice ruling are “tyranny” and wanting to undermine the authority of the justice system is, like all efforts to undermine opposing centers of power and authority, one of the foundations of fascism. Side note: if one doesn’t like being called a fascist, then don’t act like a fascist. And second, as for the White House using the ol’ MAGOP standby, dating back long before the MAGOP even to the traditional Republican Party, of being “outraged” at “unelected judges” ™, there is one very important thing to remember, that’s really basic and incredibly easy: Attorney General Pam Bondi was not elected to her position. Secretary of State Marco Rubio was not elected to his position. Secretary of Health and Human Services Robert Kennedy Jr. was not elected to his position. Commerce Secretary Howard Lutnick was not elected to his position. FBI Director Kash Patel was not elected. Director of Homeland Security Kristi Noem was not elected to her position. Senior trade counselor Peter Navarro was not elected. Director of National Intelligence Tulsi Gabbard was not elected. Border Czar Tom Homan was not elected. Senior adviser Stephen Miller was not elected. You get the point. No need to name every cabinet member. Or every Trump adviser. And yes, I know the argument. “Well, they all were nominated or appointed by the president of the United States!!!!” And yes, they were. The thing is -- so, too, were all the federal judges. All were nominated by the U.S. President at the time of their appointment. And furthermore, every federal judge went through the approval process to be confirmed by the U.S. Senate. But Trump advisers were not. Tom Homan was not confirmed by the Senate. Federal convict Peter Navarro was not confirmed by the Senate. Former Fox host Jeanine Pirro was not confirmed as U.S. Attorney by the Senate. Ed Martin, in charge of pardons for the DOJ, was not confirmed by the Senate. You get the point. Though there’s one more name (of a great many) to add – Stephen Miller was not confirmed by the Senate. "But...but," they sputter, "judges have more power." If a top adviser to the president of the United States, the most powerful man in the world, gives his or her advice and it's taken and made an Executive Order or put into action in any way...man, does that adviser have massive power. And still, there something else important to add. Most, if not all, state and local judges are elected. State Supreme Court judges are elected. In every election I have ever voted since I turned 18, judges have been on the ballot. So, lest MAGOPs get the wrong idea, or want to give the public the wrong idea to undermine judicial authority, most judges in the U.S. are, in fact, elected. And all federal judges are appointed by the President of United States – which is his check on the judiciary. And all federal judge appointees must be confirmed by the U.S. Senate – which is their check on the judiciary. And the U.S. justice system was created by the United States Constitution as part of the checks-and-balance system, which includes giving the unelected federal judges the power to check the Executive Branch – by determining under law if the actions of the president are legal. Or not. It’s pretty basic and easy. I know that many on the extreme right hate this. I know that people like Stephen Miller hate this. I know that Trump hates this. But that’s democracy under the United States Constitution. It’s how democracy works. It’s not tyranny. It’s democracy. The actions of Trump, Stephen Miller, the Trump administration, elected MAGOPs in Congress enabling and supporting Trump – trying to undermine the Constitution, taking actions to overthrow democracy in the U.S.? That’s tyranny. It’s pretty basic and easy.
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AuthorRobert J. Elisberg is a political commentator, screenwriter, novelist, tech writer and also some other things that I just tend to keep forgetting. Feedspot Badge of Honor
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