Another Federal District Judge Rules Against Trump
Federal Judiciary, Judicial Activism, Satire
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Category Archive 'Federal Judiciary'
31 Jul 2018
Another Federal District Judge Rules Against TrumpFederal Judiciary, Judicial Activism, Satire![]() 28 Jun 2016
Impeach Judge PosnerCicero, Federal Judiciary, Legal Realism, Richard A. Posner, The Constitution![]() In a recent editorial in Slate, 7th Circuit Appeals Court Judge Richard A. Posner contended explicitly that the opinions of the framers, the history of their arguments, the bases of their decisions, and the actual textual language of the Constitution itself are irrelevant to today’s reality.
Judge Posner went to Yale (Saybrook College) and graduated Summa in 1959, but it is obvious that Yale only thought him to be a smartass and a proficient sophist. He did not learn wisdom or humility there, and he obviously never studied Cicero, who wrote of Natural Law (De Re Publica, book 3):
The framers of the US Constitution tried in their imperfect human way to embody as much of Natural Law (those truths which Jefferson held to be self-evident) in the Constitution and the Bill of Rights as they could. No genuinely intelligent person would believe that Human Nature, Justice, and the fundamental realities of life have changed over the course of a bit more than two centuries simply because men travel with automobiles instead of on horseback or because we write electronically on keyboards and computers instead of with ink and quill pens. Judges appointed to Federal Courts of Appeal take two oaths. The second of these is precisely the same oath taken by members of Congress.
Judge Posner took that oath, and he is now telling us, openly and in public, that he does not believe that he has a genuine duty to “bear truth faith and allegiance” to that Constitution. He believes instead that federal judges are Platonic guardians, a class of rulers, independent of the (out-dated and irrelevant 18th century Constitution) free to apply their own superior wisdom and to make up the law any way they see fit. He ought to be impeached and thrown out of office on the basis of that editorial. ![]() Feeds
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