President Donald Trump’s challenges with out-of-control “inferior” district court judges may not be breaking news anymore, but it’s important that you and I understand a few key dynamics and possible Constitutional fixes.
You may recall when President Trump called for the impeachment of federal Judge James Boasberg for attempting to interfere with legitimate deportations of criminals. At the time, Chief Justice John Roberts urged an appeal rather than impeachment. Roberts was apparently worried about the prospect of impeachments raining down on federal judges. But impeachment is not the only option available to Trump and Republicans in Congress who want to provide a check-and-balance against the federal judiciary as established by our Constitution.
Founding father Alexander Hamilton described the judiciary as the “least dangerous” branch because the other two branches decide what power to give it and what rulings to enforce. Congress has defunded the enforcement of improper judicial decisions in the past, and has withdrawn jurisdiction entirely from federal courts over many topics. Why should a federal court even have authority over a decision by a president to deport dangerous illegal aliens?
Hamilton wrote in Federalist No. 78 that federal judges have “no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”
In other words, it is entirely up to President Trump whether and how to enforce a decision by a federal court. It is also entirely up to Congress whether and how to fund federal courts, define the scope of their jurisdiction, and finance the implementation of any judicial decisions.
The Federalist Papers are the best source for interpreting the Constitution because its ratification was achieved based on these writings. House Republicans would do well to quote and act on what Alexander Hamilton said about how to curb the federal judiciary.
