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America’s Imperial Judiciary

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Posted By: WhamDBambam, 3/5/2026 7:42:13 AM

Hidden at the bottom of the soul of the American lawyers,” said Alexis de Tocqueville, perhaps the keenest observer of American democracy, is “a great repugnance to the actions of the multitude, and a secret contempt of the government of the people.” Far from being a bad thing, for Tocqueville at least, that secret contempt was a valuable tool. A necessity, even.

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The so-called "federal judiciary" has abandoned all humility. They should begin to ponder what happened to another class of self-appointed "betters" awhile back in France.

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Reply 1 - Posted by: jeffkinnh 3/5/2026 9:41:45 AM (No. 2076356)
"we’re seeing exactly what can go wrong when the aristocratic principle goes unchecked—a possibility Tocqueville does not seem to have anticipated." Of course not, he saw what was evolving and feared it but believed that the aristocracy was superior and always would be. Therefore, if the aristocracy was involved, it would steer things in the "right" direction. The protection that is included for many judges, that they serve for life and can only be impeached, which often takes an impossible 2/3 vote, is dysfunctional. Judges should be evaluated by how they adhere to law. If their record shows them to be overruled often (25%+? of appeals to their rulings) by superior courts, they should be considered for removal by the legislature with a simple majority vote. Judges are NOT a law unto themselves. They may interpret law and such judgements may, fairly, be disagreed with by appeal. But that should not be happening on a regular basis. Most cases are pretty clear cut. The law needs to be researched and previous judgements examined. Most rulings fall into previous patterns. Judges should know that they put themselves at risk if they have an agenda or strong political leanings and push it too often. Now, they are not. They are aristocratic. THAT is the current failure of our system. Presidents come and go. Legislators come and go. Judges should as well based on their adherence to written law and previous judgements (with exceptions), which is the ONLY law that should apply in this country.
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Reply 2 - Posted by: DA717 3/5/2026 9:45:05 AM (No. 2076360)
As usual, Thomas Jefferson had it right. He was skeptical of a judiciary system that gives life appointments and therefore not accountable to the citizens of the country - a formula for judicial tyranny.
12 people like this.

Reply 3 - Posted by: DVC 3/5/2026 12:16:42 PM (No. 2076434)
Justice Kavanaugh wrote an outstanding dissenting opinion, and it entirely disemboweled the court majority ruling. FTA:"Judicial contempt for the will of the American people, the executive powers of the president, and indeed the law itself is now running out of control, and there seems to be no way to stop it. Fortunately, Trump has alternative methods available to accomplish the same effect, with a bit less convenience and slightly slower.
2 people like this.

Reply 4 - Posted by: doctorfixit 3/5/2026 4:09:21 PM (No. 2076560)
The federal judiciary is forcing national suicide. There is no legal way to stop them. Impeachment is a joke Our national survival depends on eliminating this threat.
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