BREAKING

Trump names his new national security advisor: Gen. H.R. McMaster

Congress urged to step up against unruly courts

Friday, February 17, 2017
 | 
Chad Groening (OneNewsNow.com)

U.S. Capitol 2A pro-family activist and columnist says Congress should be prepared to step in and flex its constitutional muscles if Democrats continue to tie up the Trump administration with legal challenges.

The Ninth U.S. Circuit Court of Appeals recently upheld the decision of a federal judge in Washington to overturn President Trump's executive order aimed at temporarily halting immigrants from seven Middle Eastern countries – countries that had already been identified by the Obama administration as hotbeds of terrorism.

Those court decisions and other developments have emboldened left-leaning groups like the American Civil Liberties Union. In fact, the executive director of the ACLU, Anthony Romero, recently boasted that his organization intends to "carpet-bomb" the Trump administration with lawsuits – the objective being to "rob it of momentum and gum up the machinery" to slow its agenda.

Robert Knight, a senior fellow at the American Civil Rights Union, is among conservatives who argue it's time for Congress to utilize its constitutionally granted authority to determine the jurisdiction of federal and state courts.

Robert Knight"The Constitution stipulates that of the courts created by Congress, which is all courts except the Supreme Court, Congress may limit their jurisdiction," he tells OneNewsNow – adding: "That's called court-stripping."

Articles I and III of the Constitution address that congressional authority – also known as "curtailment of jurisdiction" – to define the jurisdiction of the judiciary. But Congress, according to Knight, is usually reluctant to exercise that particular authority over the courts.

"... Because a lot of people in Congress frankly want to be considered some day for high court positions if they leave Congress," he continues. "That's my read on it – but they should have done this years ago."

And Knight says Congress must have the courage to take other measures to deal with rogue judges.

"One [step] is impeaching judges. Many judges should have been impeached by now because they've exceeded their authority," he explains. "The other is to strip them of their economy – that is, they could take away their funding."

Knight remains encouraged that Trump may be able to blunt judicial activism by filling a large number of federal judicial vacancies with jurists who base their rulings on the Constitution – not on liberal political activism.

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved. More details

SIGN UP FOR OUR DAILY NEWSBRIEF

SUBSCRIBE

VOTE IN OUR POLL

What do you think has the greatest influence on millennials' perceptions about various religions?

CAST YOUR VOTE

GET PUSH NOTIFICATIONS

SUBSCRIBE

LATEST AP HEADLINES

  US Defense Secretary Mattis: US will stay in Iraq a while
Storms, tornado damage dozens of homes in San Antonio area
Trump's revised travel ban targets same countries
Trump tweets further criticism of Sweden's immigration policy
Trump seeks national security adviser, health care strategy
Flying coach: Many universities are using private planes

LATEST FROM THE WEB

Media doesn't like Trump because he reflects their own shortcomings
Student gets lower grade because she didn't bash Trump
Why so many Americans call evil good and good evil
Limbaugh: 'The media did not make Donald Trump, and they can't destroy him'
Why social-justice warriors think it’s okay to be racist towards Asians

CARTOON OF THE DAY

Cartoon of the Day

REASON & COMPANY

NEXT STORY
Pastors, states resist gov't overreach into church policy

gavel with Bible 2Several states are joining forces to try to keep the government out of church policy.