Beyond the Cusp

November 5, 2017

Democracy’s Greatest Threat Wrapped in Black

 

A black robed figure often represents the Angel of Death or can represent a corrupted soul. As such a figure, it could be used to represent a select group of people who have powers greater than the Congress, the Administration or even the “Deep State,” and one who is unafraid to use its powers. Such a figure could even oppose a President and nullify any action he tried to take. They could completely alter the definitions and intentions of any legislation after it has been passed and signed into law. They could have people taken and held incommunicado for as long as they deemed necessary. In their own opinions and rulings, their powers would be unlimited and could not be denied, opposed, weakened or otherwise moderated by anyone in the government and they would not answer except to others of their own kind. Such are the Federal Judiciary of the Justice Department, the police, law enforcement and special officers who can have arrest, detain or otherwise serve writs as instructed by the Judiciary. Their powers can be enforced by the Attorney General, the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives), FBI, ICE (Immigration and Customs Enforcement), IRS and the remainder of the various law enforcement agencies under the DHS (Department of Homeland Security). The actual individuals we are referencing are the Judges themselves, specifically the Federal Judges.

 

Relatively recently there were two Federal Judges, one in Hawaii and one in Maryland (no surprise) who annulled a directive to the Immigration Department to restrict immigrants from the same six nations which had been named for special considerations by both President George W. Bush and President Obama. The order was to last approximately ninety days or until sufficient methods were put in place for vetting immigrants from these nations. All of the nations have no actual effective governance and no method for identification of their people and are nesting homes for terrorist groups. Both of these judges, United States District Judge Theodore Chuang and United States District Judge Derrick Watson, were both surprisingly, or not, appointed by President Barack Obama. Judges have found rights in the Constitution which have baffled Constitutional scholars as well as us. Who knew that James Madison intended that bakers must bake a cake as fast as they can for anybody no matter how much of an offense to the baker the cake’s intended celebration may be. You are a devout Christian and a baker and a same sex couple would like a specially designed wedding cake and you must bake it or be sued and lose your business. Why wouldn’t a judge not simply order the couple to go and use another baker, who is not so undisposed to desire their business, instead of seeking out a baker who has Bibles on the shelves of his shop and then try and force them to make their cake. We are willing to bet that had one of the pair requested a wedding cake and stated they would add the couple atop the cake later, as they had a special family heirloom they would use and would bring it out at the ceremony, that they would have their cake already as long as they had not eaten it. But common sense, in many ways, has appeared to have left the building in disgust never to return. And this problem goes beyond court decisions and appears to have spread to the general population across the planet.

 

Judges out of control is not merely a problem in the United States. This is also a big problem in Israel. The originating source of the problem comes from the words of Israeli Supreme Court former Chief Justice Israeli Aharon Barak’s in his statement that “everything is justiciable” which has led to serious threats to the Israeli governance. Fortunately, Justice Minister Ayelet Shaked is challenging the broad application (pictured below) which had become a major disruption as the Supreme Court has utilized this to dangerously overstep their powers believing they wield unchallengeable powers. This one statement was made, as a justification for the Supreme Court in particular, and judges generally, to take the extra step to right those things they see as wrong. They are to be the final arbiters of everything in Israeli society, life, governing and even military decisions. The Israeli Supreme Court has nullified laws which were passed by the Knesset and approved by the Prime Minister, in some cases more than once. The Israeli Supreme Court altered the route of the Security Barrier which placed some additional Israelis in direct threat of added terror threats. The Israeli Supreme Court has ordered homes in the disputed territories destroyed without ever demanding proof of Arab ownership and even without questioning or meeting the Arab presumed to have owned the land and simply as a response to charges raised by anti-Zionist NGO’s. The Israeli Supreme Courts countermanded orders during the Gaza and Second Lebanon Wars and also in peace times. The Israeli Supreme Court has enacted laws they believed were necessary without any action by the Knesset or Prime Minister and in all of these cases, the Supreme Court refused to admit that these powers were beyond their delineated powers quoting former Chief Justice Aharon Barak’s “everything is justiciable” statement. Rounding up the Israeli Supreme Court expanded powers which were self-declared is something vital for the survival of the Israeli democratic governance. The Supreme Court cannot claim and actually wield such that their power is unopposable and spans placing them over all other branches of government and even over the generals and officers of the military. The Legislative Branch, the Knesset, and the Prime Minister’s Office and Cabinet cannot function to implement the will of the people if the Supreme Court, which we will explain why it does not represent the people and is getting further from the people every day, can overrule every vote, rescind every law, veto every decision and even enact whatever laws they see fit thus making the Knesset and Prime Minister all but irrelevant. Everything stated about the Knesset and Prime Minister goes double for the military which cannot have a court, even a Supreme Court, second guessing officers and their orders during a war as that gets people’s children killed. The Israeli Supreme Court has overruled Ministers in the Cabinet’s funding decisions when they displease the sensitivities of one of the Justices. What a way to run a country.

 

Minister of Justice Ayelet Shaked

Minister of Justice Ayelet Shaked

 

The Israeli Supreme Court chooses its new Justices when a vacancy is made in a way which is unique in the entire world. First is the method for determining the Chief Justice and Deputy Chief Justice which is done by simple seniority, the longest serving judges on the court are appointed to the Chief Justice and Deputy Chief Justice positions. Replacing a retiring Justice on the Supreme Court is performed by a nine-member commission. The selection of the members of the commission guarantees that the Israeli Supreme Court almost never varies from the positions taken by the founding justices in the early 1950’s. The Judicial Selection Committee is a nine-member committee with the members selected as follows:

Justice Minister – Chairman.
Cabinet Minister, chosen by the Cabinet.
Two Knesset Members, (one member from the coalition and one from the opposition).
Two members of the Bar Association (selected by the two largest factions).
The Chief Justice,
Two Judges of the Supreme Court

With the two Supreme Court Justices plus the Chief Justice of the Supreme Court and two members from the Bar Association who will likely have to represent people or groups in trials before the Supreme Court there are five people who are obliged to curry favor with the existing Supreme Court or are members of said Supreme Court. That is five out of the nine-member committee and thus a majority. Simple math shows rather quickly, as to why the Israeli Supreme Court seldom has a Justice placed on the bench which is any different in their politics from the existing members on the Supreme Court. While the Israeli public and governance has changed significantly over the years as Israel has grown from being an agrarian economy with a GDP of $2.6 Billion in 1960 which became $6.3 Billion in 1970 climbing to $21.9 Billion in 1980 then taking off to $52.5 Billion in 1990 continuing to rise to $132.4 Billion in 2000 then jumping to $233.7 Billion in 2010 finally reaching $318.7 Billion last year in 2016 and an advanced economy leading the world in many computer, medical, agricultural and other scientific areas of excellence (see graph below). This change from an agrarian economy to one centered inside cities largely surrounding Tel Aviv with an active and admirable high tech core plus making advances in medicine, new drugs, treatments as well as an active energy economic segment which includes ecological imperatives for clean energy, Israel has changed remarkably. She has also changed politically becoming more Zionist and the religious core has broadened and continues to grow. Unfortunately, this has not been represented by the Supreme Court which has the same socialist leftist beliefs at its core as it did in 1960.


Israeli GDP from 1960 to 2016

 

Courts which overstep the presumed limits were a fear expressed by the Founding Fathers; so we will close with some quotes.

[N]othing in the Constitution has given [the judiciary] a right to decide for the Executive, more than to the executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them… the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.” Thomas Jefferson

The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.” James Madison

A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.
John Adams

Our government is now taking so steady a course as to show by what road it will pass to destruction, to wit, by consolidation first, and then corruption…. The engine of consolidation will be the federal judiciary; the two other branches the corrupting and corrupted instruments.” Thomas Jefferson

There is even now something of ill omen amongst us. I mean that increasing disregard for law which pervades the country — the growing disposition to substitute the wild and furious passion in lieu of the sober judgment of courts, and the worse than savage mobs for the executive ministers of justice. The disposition is awfully fearful in any community; and that it now exists in ours … it would be a violation of truth to deny.” Abraham Lincoln

The great object of my fear is the federal judiciary. That body, like gravity, ever acting with noiseless foot and unalarming advance, gaining ground step by step and holding what it gains, is engulfing insidiously the [state] governments into the jaws of that [federal government] which feeds them.” Thomas Jefferson

You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges … and their power [are] the more dangerous as they are in office for life, and are not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves … . When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know of no safe depository of the ultimate powers of the society, but the people themselves.” Thomas Jefferson

I fear, dear Sir, we are now in such another crisis, with this difference only, that the judiciary branch is alone and single-handed in the present assaults on the Constitution. But its assaults are more sure and deadly, as from an agent seemingly passive and unassuming.” Thomas Jefferson

We have concluded that Thomas Jefferson had as great a fear of the Judiciary as we have developed and for this reason, as well as others, we really love Thomas Jefferson.

 

Beyond the Cusp

 

Advertisements

1 Comment »

  1. Reblogged this on Oyia Brown.

    Like

    Comment by OyiaBrown — November 7, 2017 @ 10:14 AM | Reply


RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog at WordPress.com.