Is it Time for Congress to Shutter the Ninth Circuit Court?

The Ninth Circuit Court of Appeals is, in recent history (1994 – 2015), the most reversed federal court of appeals. 

According to Article I, Section 8, Clause 9, “The Congress shall have the Power To: constitute Tribunals inferior to the supreme Court;” which by logical extension would mean they also have the power to dissolve them as they see fit.

With this latest demonstrably absurd ruling, is it time for Congress to act, dissolve and reconstitute the Ninth Circuit?

from Conservative Review:

Ninth Circuit allows Mexican citizens to sue American Border Patrol agents

Just when you thought the stolen sovereignty and erasing of our borders by the Ninth Circuit couldn’t get worse, well, another court opinion comes out.

It’s bad enough that foreign nationals can invade our border, make demands on our agents, demand welfare, demand schooling, be counted in the Census, and claim citizenship for their children. Now foreign nationals can sue our border agents for doing their jobs and protecting us from the perils they foist upon our brave men and women. read more

WND Exclusive – How the Founders Failed to Prevent Judicial Activism

Dan “bag-a-donuts” Bongino was filling in on the Mark Levin radio program this past Wednesday. For those unfamiliar, bag-a-donuts is Dan’s “catch phrase.” He uses it to describe the “everyman.”

I love this guy, because he is the everyman. He’s smart but plainspoken, like a lot of us.

He was speaking of his confusion regarding the left. They claim, he says, to be so concerned that if Judge Brett Kavanaugh is confirmed to the Supreme Court, Roe v Wade instantly will be overturned – like the next day or something.

And Dan asks, if the left really thinks abortion on demand is settled law, why should they worry? read more

Is Brett Kavanaugh the Best of the Best?

by: Brent Smith at the Common Constitutionalist

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Supreme Court Justices are said to be the best of the best. This should make a President’s selection relatively easy.

Brett Kavanaugh may end up being that guy. And therein lies the rub – the fact that he “may” be the one – or he may not.

So why do I say this should be an easy job for any President? Let me lay it out.

A President compiles a list of candidates, which Trump did. He should then take a look at the Justices job description and make his selection from candidates that best fit the description.

In short, the supreme Court job description is what the oath of office describes. There are two oaths of office a Justice make choose to recite.

The first, and truncated version, is the traditional oath (albeit updated in 1990), which reads: “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.” read more

WND Exclusive – There’s Only 1 Choice for Supreme Court Justice

The problem a president has with any court nominee is transparency. Until your choice actually begins ruling on cases, you can never be sure he or she was what you imagined them to be. By that time, as we know, it’s too late. As these are lifetime appointments, he and we are stuck with them, many times suffering disastrous consequences of a wrong choice.

Recent history is replete with Republican “wrong” choices, from David Souter to John Paul Stevens, Sandra Day O’Connor and, of course, Mr. swing-vote, Anthony Kennedy.

We cannot afford to replace Anthony Kennedy with another Anthony Kennedy, or worse. read more

Kennedy’s Retirement Sends Leftists into a Depressive State

by: Brent Smith at the Common Constitutionalist

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Justice Anthony Kennedy is retiring from the United States supreme Court on July 31, 2018. Gee – you may have heard. If you haven’t, you must be living on another planet.

It took almost no time for the left to go into melt down mode. Justice Kennedy personally delivered his resignation letter to the White House on Wednesday afternoon, and by 2:01 PM, ThinkProgress had already posted a lengthy article bemoaning the fate of the nation. It’s almost as if they had prewritten it and were waiting for the announcement. Kind of like writing an obituary before the person croaks. And it was also kind of like an obituary for the progressive left. Sweet music!

Reading the ThinkProgress piece entitled, “The horrifying consequences of Justice Kennedy’s retirement,” is like conservative porn.

They begin by rehashing the 2016 presidential election and how it was stolen. When conservatives claim the left is still obsessed with and will likely never fully recover from Trump’s drubbing of Hillary, you can take it to the bank.

Reading their account is delicious and similar to how I feel when viewing a replay of a football game when, no matter happens during the game, I know that my team ultimately prevails. I mean except for this last Super Bowl.

Then they list a few of their biggest worries. First was the sacrosanct right of every American woman to murder her children – otherwise known as Roe v Wade. read more

WND Exclusive – A Prediction about Trump’s Order on Alien Families

Andrew Klavan of the Daily Wire made the point, when he replayed a portion of a Chuck Schumer Senate chamber speech, that it sounds like the minority leader wants Trump to become king and just make and rescind laws with the stroke of his pen.

See tweet:

Sarah Sanders Being Refused Service Shouldn’t be a Big Deal

by: Brent Smith at the Common Constitutionalist

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Other than the nonsense happening at our Southern border, the big news over the weekend was that White House press secretary Sarah Sanders was refused service and, “She and her family were asked to leave the Red Hen restaurant in Lexington, Va.”

“Jaike Foley-Schultz, who says he is a waiter at the Red Hen, shared a post on Facebook that said his boss kicked out the press secretary and her party.”

Sanders confirmed that this was the case in a tweet:

Predictably, both the left and right are blowing up over this incident. They shouldn’t, but they are. And both sides are because, to this point, it has been so unusual. If things like this happened everyday, it wouldn’t be news. read more

Come On Already – We are not a Democracy

We hear it all the time – America described as a democracy. It’s pervasive in today’s society, particularly in the political class.

One of my heroes, economist and former fill-in host for Rush Limbaugh, Walter E. Williams, explains just why America is not a democracy, and why our Founding Fathers were very clear about it.

Watch the Video: read more

Should the Mueller Investigation be Ended?

by: Brent Smith at the Common Constitutionalist

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The Mueller witch hunt “investigation,” should not just end, but must. And it has nothing at all to do with fairness, partisanship, or even who he is investigating.

I’ll explain shortly, but first I’d like to thank the left. I’d like to thank them for being a bunch of lawless enemies of freedom and liberty. I’d like to thank them for attempting to flush our founding documents down the crapper every chance they get.

This may sound strange but it is genuine. For without the left’s constant and consistent radical behavior over the years, I might never have picked up and began studying the Constitution, the Declaration, and the writings of the men who crafted, affirmed and ratified them. Wow – I’m such a geek!

Oh sure, in the past, I read the Declaration, the Constitution and even skimmed the Federalist Papers, but none ever really had the impact or true significance that they do today. But that’s true about most things and most situations. Most of us never truly get serious about something until we feel threatened, for want of a better expression.

Well, I feel threatened – even more so than when Barack Obama was King President. read more

Mark Sanford Lost his Primary Bid … to Trump

by: Brent Smith at the Common Constitutionalist

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Most of us know about the defeat of incumbent Republican Congressman Mark Sanford to South Carolina State rep. Katie Arrington. Many are pointing to president Trump’s influence in the race. Trump tweeted his support of Arrington over Sanford on election day, which may have been what put Arrington over the top.

Sanford is considered to be one of those dreaded Never-Trumpers. If true, that’s a rather idiotic stance to take. It’s as idiotic a stance as being an Ever-Trumper, or Trump apologist. No man is perfect, nor is he completely flawed.

Damning a politician for who he is rather than his policy positions is just stupid. You don’t have to like the man to like his policies. But you can disagree without being disagreeable.

The feud between Sanford and Trump dates back a couple of years, when Sanford exclaimed after a meeting with then candidate Trump that he wasn’t particularly impressed with Trump’s knowledge of the Constitution. Sanford mocked him slightly, which was unnecessary.

Sanford also criticized Trump’s use of the word “s***-hole” to describe some third world countries. Again, this was an unnecessary criticism, particularly because they are s-hole countries. read more