From Amuse on X:
ShareThe Founders were acutely aware of the dangers of judicial overreach. The Supreme Court itself, in Marbury v. Madison (1803), affirmed the doctrine of judicial review but was careful to delineate the limits of judicial authority. Federal courts can strike down executive actions that violate the Constitution or statutes, but they cannot commandeer executive functions or dictate how the President exercises discretionary power. The 1867 case Mississippi v. Johnson established that the judiciary has no authority to enjoin the President in carrying out his official duties, affirming that courts lack jurisdiction to direct the President’s discretionary decisions. This remains a bedrock principle of constitutional law—at least when judicial integrity prevails over partisan ambition.
The judges now waging war against President Trump are violating this precedent. Their rulings do not merely interpret the law but are designed to preemptively strangle his ability to govern. Consider the recent flurry of injunctions issued against Trump administration directives. These judges have blocked executive orders reining in regulatory overreach, impeded the administration’s efforts to reassert control over federal agencies, and even attempted to dictate personnel appointments within the executive branch—actions that the judiciary has no constitutional basis to undertake.
This phenomenon did not emerge overnight. For years, progressive legal strategists have cultivated an expansive theory of judicial interventionism. Nationwide injunctions—a judicial tool virtually unheard of before the Obama administration—have become a favored mechanism for obstructing executive authority. In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court struck down President Truman’s attempt to seize steel mills, but it did so within the narrow bounds of rejecting an unauthorized executive action. The modern judiciary, however, is no longer content with this case-by-case analysis. Instead, it wields broad injunctions to stall entire policy initiatives before they even take effect, rendering the executive functionally impotent. (Read more.)
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