This is obviously an unsustainable situation. If judges are going to overturn every single significant decision the president makes, then the judges have effectively become president. Eventually, something has to give.
[snip]
But there is actually one additional approach that the Trump administration could take, before we decide to simply do away with the court system altogether. And based on recent reports, it looks like the White House is seriously considering this particular route. I’m talking about invoking the Insurrection Act, the federal law that permits the president to federalize the National Guard and deploy U.S. troops for law enforcement purposes in U.S. cities.
When the Insurrection Act is discussed in the press, of course, it’s described as the mother of all power grabs. Democrats pretend it hasn’t been invoked more than two dozen times in this country’s history, most recently to suppress the L.A. riots. They don’t want to talk about the fact that several presidents — including some of their heroes, like JFK and FDR — all invoked the law, mainly to enforce racial integration.
[snip]
Here’s audio from the Chicago police scanner, to give just one example.
Dispatchers told officers not to assist federal agents who were being surrounded by a mob. Listen:
Credit: @DHSgov/X.com
“They were requesting the police—we’re not sending.” That’s the decision that’s been made by local law enforcement in Chicago (or, more accurately, by the Democrats who run the city). It is an admission — which they also put in writing, by the way — that local police are unable or unwilling to maintain law and order. That is, and has always been, a valid justification for invoking the Insurrection Act and sending in the U.S. military. I don’t need to recount all of the scenes of violence and anarchy because you’ve probably seen hours of it at this point.
Credit: @nicksortor/X.com
[snip]
Credit: @RapidResponse47/X.com
The red line has always been: state and local governments can decide not to actively assist federal officials, but they can’t decide to actively interfere with federal officials, either. That’s how federalism works. It’s how our whole constitutional system works. But the city of Chicago, and many other cities, have decided to break this covenant. They aren’t hiding their intentions. As a result, no reasonable person can deny what’s happening or that the Insurrection Act is the only available remedy to stop the mayhem, as many conservatives have said.
But there is one other major benefit of invoking the Insurrection Act, which a lot of people aren’t talking about. It would finally force federal judges to openly declare their rebellion against the Executive Branch. The Chicago Police Department has just explicitly declared its own rebellion, as you just heard. And if a single federal judge tries to stand in the way of Donald Trump’s invocation of the Insurrection Act, then the judiciary would be doing the exact same thing.
[snip]
Here’s why. The Insurrection Act, by design, leaves no room for judges or lawmakers to intervene. The law is based on the president’s constitutional authority to act as commander-in-chief of the military, as well as his responsibility to ensure domestic security.
Article 1, Section 8 of the Constitution states, “[The Congress shall have Power . . . ] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
And with the Insurrection Act, Congress awarded the president the unilateral authority to decide when an insurrection exists, and how to deal with it.
You can pull up the law and read it for yourself. Here’s the relevant portion.
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
[snip]
If you’re a blue-haired professor at Berkeley Law School, you might hyperventilate about this. Surely, you might say, there have to be “checks and balances” somewhere. But actually, no, there don’t have to be checks and balances. At some point, one branch of government has to be supreme over the others. There’s no way to avoid that. It’s as inevitable as the laws of physics. And the Founders understood that. Yes, they created an intricate system of government, in which the three branches of government serve as a “check” on each other’s power. That’s the ideal situation. That’s how things should work. But the Founders also understood that, if things break down, and one branch of government decides to “check” another branch into oblivion in an attempt to destroy the entire country and our democratic system of government, then there has to be a failsafe. There has to be a “break glass in case of emergency” type of safeguard. And the Insurrection Act — which again, is based very closely on the Constitutional text — is that safeguard. The Insurrection Act says, if things get really, really bad, then the elected president of the United States — who has more of a democratic mandate than any court, or any lawmaker in Congress — can use the military to restore order.
[snip]
Additionally, many of these judges — and all of the Left — are on the record already stating that January 6 was an “insurrection.” Several courts, including the Supreme Court of the state of Colorado, attempted to kick Trump off the ballot in the last election, on the theory that he had committed an “insurrection.” So they’ve already gone out of their way to declare, in no uncertain terms, that a group of old ladies wandering around the Capitol for a few hours constitutes an “insurrection.” Their standard is that, if a few windows are broken, and someone sits on Nancy Pelosi’s desk and steals her lectern, then an “insurrection” has taken place.
If that’s the standard, then there is no conceivable way, morally or logically, to argue that cities like Portland, Chicago, and Los Angeles aren’t in a state of open insurrection against the United States. If a mob loitering inside the Capitol for a few hours counts as an “insurrection,” then coordinated and violent attacks on law enforcement, endorsed by state and local officials, certainly qualify as well. They have boxed themselves into this corner. There’s no way around it.
[snip]
Here’s Robert Reich, for example. Watch:
Credit: @RBReich/X.com
This is what their argument is going to be. They’re claiming that Trump wants to round up his political opponents and anyone else he doesn’t like. Of course, that’s precisely what Joe Biden’s administration did. They jailed every Trump aide — and ultimately Trump himself — in order to prevent a democratic election from taking place. And Joe Biden didn’t need the Insurrection Act to do any of that.
What people like Robert Reich won’t do, even though it would solve the whole problem, is admit what they’re really interested in. In the first Trump administration, the argument from the Left was that he “put kids in cages” and “separated families” or whatever. That argument never made any sense — families are separated all the time when the parents commit crimes — but it’s what they went with.
[snip]
What’s really going on here, although no one on the Left wants to say it, is that the Democrat Party demands open borders. They do not want any federal immigration enforcement of any kind. That is their platform. But they never say it out loud, explicitly, because they understand how unconvincing and unpopular it is. So Leftist judges hide behind various legalese, while Democrat activists make outlandish claims with no basis in fact. That’s what they’re forced to do. That’s what’s been happening for the last 10 months.
[snip]
That is how our Constitution was structured. It’s how the Insurrection Act was structured. In an ideal situation, of course, this failsafe wouldn’t be necessary. We shouldn’t have to rely on a final line of defense like this. But at the moment, we do. Democrats are daring the administration to invoke the constitutional response to their lawlessness and depravity. In response, the administration has no other choice but to follow the guidance of the Founders and send in the military to quell an insurrection that has rapidly spiraled out of control.
* Original Article:
https://www.dailywire.com/news/its-time-to-crush-the-leftist-insurrection-once-and-for-all