Pat Buchanan Encourages Trump to ‘Break Judicial Power’
When your policy is being defended by a washed up Nixon apologist, you’re on the wrong side of history.
Pat Buchanan, former adviser to President Richard Nixon, and failed presidential candidate thinks POTUS 45 needs to show the judicial branch who is running this reality show. World Net Daily — “The new gold standard for the news,” as they bill themselves — posted Buchanan’s dangerously worded rant, “Trump must break judicial power,” last Thursday. Buchanan is the perfect mouthpiece for the current administration and their angry pitchfork-toting base. He pretty much hates everybody and everything that’s not lily-white and sanctified on the altar of Nationalism.
For the younger readers, and those of you not familiar with Buchanan, a little background. He is an apologist for Nixon — a man who resigned from the Office of President, rather than face certain removal by impeachment. Like the current President, Buchanan shares a dark and frightening worldview. His book titles include The Death of the West, Suicide of a Superpower, and State of Emergency. His theme is always the same. The America he loves is not today’s America. Buchanan wants to return to Norman Rockwell and Leave it to Beaver. The other two-thirds of the country wants to move forward to Star Wars.
Buchanan’s screed, to use one of his own words, might challenge the recent inaugural address in terms of bleak hopelessness. And it’s just as vicious. He chastises Judge Gorsuch, the nominee to fill Merrick Garland’s stolen seat on the bench, for taking exception to 45’s childish tantrum when he found out Presidents aren’t like CEOs. Thankfully, a President’s power does have limits, especially over the judicial or legislative branches.
After calling Gorsuch a “wimp”, the old propagandist turns his twisted logic to Elizabeth Warren, accusing the Senator of “hate speech” for attempting to read the words of a civil rights icon on the Senate floor.
Buchanan believes the reaction of Judge Gorsuch, and the proactive stance of Sen. Warren highlight what is wrong with America. In his view, having a sitting President publicly insult and call into question the legitimacy of our judiciary is not only appropriate but much too weak. Buchanan is praying for a Supreme Court showdown on the immigration ban and that — if it’s struck down — 45 will ignore the ruling and dare anyone to do anything about it.
Presidents are often at odds with rulings from the judicial branch
As precedent for such unconstitutional behavior, Buchanan cites Andrew Jackson’s ignoring of John Marshall’s ruling on the Indian Removal Act. Since President Jackson’s defiance of the Supreme Court resulted in the deaths of some 4,000 Native Americans on The Trail of Tears , that argument might not be the best one to use here.
In another failed argument, Buchanan attempts to equate President Thomas Jefferson’s refusal to enforce his predecessor’s Alien and Sedition Acts — followed by the impeachment of Associate Justice Samuel Chase — as a President going rogue in response to renegade judges. First, the Federalist Party of Alexander Hamilton and John Adams created and passed the Alien and Sedition Acts. The acts worked to hinder the Democratic-Republican Party, the party of Jefferson and Madison. It was all about power and politics. Some things never change. Think Benghazi and emails. Additionally, Buchanan left out the part where the Senate acquitted Chase. He remained on the Court until he died.
Buchanan offers up a few more examples of Presidential displeasure when the judicial branch keeps executive powers in check. No big deal. Presidents don’t always get what they hoped for when it comes to policy. His orange Ovalness might want to Tweet President Obama and get some advice on dealing with folks thwarting your policies.
The anger and open hostility in Buchanan’s words are the reason we cannot normalize what is happening in Washington, and around the country. In the closing paragraphs, the ugly truths begin to ooze out with the familiar but foul odor of pure hate.
When politicians don black robes and seize powers they do not have, they should be called out for what they are – usurpers and petty tyrants. And if there is a cause upon which the populist right should unite, it is that elected representatives and executives make the laws and rule the nation. Not judges, and not justices.
Buchanan has an unhealthy distaste for the Constitutional checks on power
He rails that “unelected justices … have remade our country without the consent of the governed”, and blames “Secularist justices” who “de-Christianize our country,” and “invent new rights for vicious criminals” and “idiotic busing orders to achieve racial balance in public schools.” Radical Republicans like Buchanan — the 27.2 percent of our fellow Americans that elected this unqualified buffoon — want some type of White Christian Theocracy in America. They have almost complete control of the Federal Government, save the judicial branch. This is truly a tyranny of the minority.
The separation of powers is a guard against unscrupulous tyrants
Because the Founders knew that at times the Republic might fall into the hands of unfit leaders, they limited the powers of government so that one person could not assume all power to themselves.
In Federalist 51, Madison argues for the checks and balances of government, and on the importance of the “separate and distinct exercise of the different powers of the government… it is evident that each department should have a will of its own.” It seems the Father of the Constitution believed in a strong separation of powers. As fate would have it, Madison would later be in the center of the landmark Supreme Court Case, Marbury V. Madison (1803), which set the precedent of Judicial Review. It also set the Judiciary firmly as an equal branch of the government — separate but equal, if you will, to the Congress and Executive branches.
Buchanan’s closing advice to the so-called president is a reminder of the fragility of our Democratic Republic.
… Trump’s White House should use the arrogant and incompetent conduct of these federal judges to make the case not only for creating a new Supreme Court, but for Congress to start using Article III, Section 2, of the Constitution – to restrict the jurisdiction of the Supreme Court, and to reclaim its stolen powers.
The administration may still win this immigration ban. The Republicans and the White House may have to regroup and come up with plan B. They have the political clout to do so. Time will tell.
For the nearly 73% of Americans who did not vote for Oval 45, we must not allow this aberration of a presidency to destroy forever the freedom we hold dear. We must be vigilant in defending the First Amendment and our Constitutional right to “…freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” These rights are foundational to a free people and a democratic society.
Progressives, Liberals, and forward thinking citizens of all walks of life must rise up with one voice and declare, E pluribus unum — Out of many, one. To do less is to leave our nation in the hands of an unstable madman.
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