Saturday, April 21, 2018

"... now let him enforce it".


"John Marshall has made his decision,
now let him enforce it".
Chief Justice Marshall  had initially opposed Jackson's election to the presidency, and in the Cherokee Indians case, Worcester v. Georgia (1832), He infuriated Jackson by insisting that Georgia laws that purported to seize Cherokee lands, on which gold had been found, violated federal treaties. Jackson is famous for having responded: "John Marshall has made his decision, now let him enforce it." Although the comment is probably apocryphal, both Georgia and Jackson simply ignored the decision. Source

Apocryphal or not, since the Executive is a co-equal branch of government, Jackson acted legitimately. The SCOTUS has no standing to rule against a presidential decision.  So, how is it then that today a single pissant circuit court judge can, in violation of the Constitution,  nullify a Trump mandate? 

We are at that point where Trump declares Martial Law, and puts stuff in constitutional order.  If you think he would face censure, even impeachment proceedings if he did the right thing, yes.  In today's toxic climate you would be right.  That's where we're at right now, as I see it. I bet your list is even longer than mine.


Drew458 said...

My list is getting pretty long, and has a whole lot of swampies in orange jumpsuits or in blindfolds standing against a wooden post.

But Jackson's deplorable act was in violation of a signed treaty; Congress should have stopped him, not just SCOTUS. The Cherokee were the "good" Indians, doing as much as they could to assimilate into the culture of the time. Jackson's action was the nearest thing to genocide that's ever been done in this country, leading to the infamous Trail of Tears. But there was gold on Indian land, so screw them. Wouldn't want those evil redskins to mine it themselves, and then possibly live better than the illiterate unwashed nearly barbarian white folks of the day. Jackson was famous for killing vast numbers of natives and stealing their lands. He was the first Democrat Party president.

Eskyman said...

Well said, Drew458! Exactly right, and what a tragedy President Jackson was; he set a lot of bad precedents.

It's way past time that Congress should grow a pair and start impeaching judges! The courts, and the judges that befoul them, have gotten far too big for their britches, and need to be whipped back into place.

Article 3 of the Constitution establishes the Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish." Congress made 'em, Congress can change 'em. Also, that same Article says that judges "shall hold their Offices during good Behavior," but doesn't define what "good Behavior" is; so Congress could define that by law to rein in some of these out-of-control judges.

Alas, nothing will be done, because first- Congress would have to grow a pair.

Post a Comment

Just type your name and post as anonymous if you don't have a Blogger profile.