All the Clowns Aren’t in the Circus (Some are on the Bench)

When the Ringling Bros. and Barnum & Bailey Circus closed on Sunday it marked the end of an era.  But never fear, those ever-popular clowns are still with us.  They lack the grease paint, rubber noses, and orange hair that made us laugh.  In fact, these clowns aren’t funny at all.  They sit on the federal courts at virtually every level.

Perhaps the best known are the clowns on the 9th Circuit Court of Appeals who refused to overturn a federal clown in Seattle who barred President Trump’s travel ban and are now wrestling with essentially the same issue from a clown on the bench in Hawaii involving travel ban number 2.

After hearing arguments, they are currently preforming twists and turns, like those high-flying circus trapeze artists that entertained us under the Big Top for more than 146 years, sans the tight sequined outfits.  

It appears they are attempting to dazzle us, again, with their ability to read the president’s mind.  They likely will tell us, that underneath this urgent need to protect our nation by temporarily banning foreign travel from six, majority Muslin countries — the very countries the Obama Administration identified as sources of terror — beats the heart of a man who hates Muslims.   Never mind the fact that Obama, who never went all-in on anything, had placed limited restrictions on travelers who had visited these countries.  Never mind that trying to read someone’s mind is a little like trying to nail Jello to a tree.  And, never mind all those statements the president made in support of Muslims.  We are supposed to simply forget about those.

This is similar to a group of clowns on the 4th Circuit (10 of the 13 were appointed by Clinton and Obama) who, just two weeks earlier, engaged in similar gyrations in order to support another clown, Theodore Chuang, masquerading as a judge in Maryland.  In March, Chuang concluded, drawing from selected statements Trump made during his campaign, that the president’s revised travel ban is discriminatory and likely violates the Constitution by disfavoring Muslims.

Clowns, as everyone knows, operate in a fantasy world.  However, when the circus is over and the curtains over the door of the Big Top are opened, we go out into the light of the real world.

Last weekend, this fantasy evoked by the federal courts collided with the real world in Riyadh, Saudi Arabia when Trump addressed heads of state from  55 Muslim countries, including four of the six countries affected by the travel ban.

The meeting itself was unprecedented.  Add to that the fact that all these Muslim leaders gathered to pay their respect and applaud President Trump in his effort to combat terrorism from Islamist extremists.  This historic event showed these jurists to be nothing more than the clowns they really are — cheap political hacks, willing to sacrifice the Constitution and the safety of this country on the altar of political correctness.

This is not to say that all federal judges are clowns.  However, it seems the Ninth Circuit and the Fourth Circuit have more than their share of them.

Clearly, the weight of law and history is on the president’s side when it comes to his right to issue a temporary travel ban from these nations.  Unlike other Muslim-majority nations that have a history of terrorism, these six countries do not assist the U.S. in providing background checks and other vetting of immigrant applicants.  Therefore, it was not only Trump’s right to do so, it was most reasonable.

Our founding fathers gave us a system with three co-equal branches of government.  While we citizens were sleeping, the judiciary has been allowed to usurp the power of the other two.  Bear in mind that it is precisely this system which has allowed our country to become the world’s longest ongoing constitutional republic.

We citizens must not allow this to continue.  The Constitution clearly states in Article III, Section 1:  Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior.

How do you remove a judge for bad behavior?  Through impeachment.  This is the responsibility of our duly elected representatives in Congress.  However, the people’s representatives have grown lazy.  They prefer not to “rock the boat.”   They simply want to skate through the next election by avoiding controversy.

Unfortunately, the clowns in the judiciary are only surpassed by the clowns in the media, who make their living, not by reporting the truth, but by fanning the flames of controversy.

Clowns are funny in the circus.  However, they are a disgrace in the media and have no place on the bench.


4 thoughts on “All the Clowns Aren’t in the Circus (Some are on the Bench)

  1. Our late, great Constitution said that only Congress could declare war, and, while Presidents from Jefferson on have waged very brief undeclared wars when US citizens were attacked (as was the case with the Barbary Pirates, our first Islamic adversaries) it is clear that no President has the power to wage prolonged, full scale wars without a formal declaration. Yet Trump is continuing the illegal wars begun by his predecessors and even starting a few new ones. And, over this, we hear not a peep from our arrogant, unelected judges.
    Yet when Trump tries to control immigration to protect us from Islamic terrorism, a function which the Constitution clearly states the President has both the duty and the authority to fulfill, these same pious madmen and women shriek that what he is attempting is somehow unconstitutional.
    And the Constitution never said or even implied, and the Founding Fathers never intended that unelected judges, appointed for life, should have such power. Far from upholding our former Constitution, the judges have helped the Democrat and RINO politicians to destroy it.


  2. Last year CSPAN broadcast a series on the Supreme Court. Decisions (really “opinions”) were shown to often be contrary to reason and incorrect as the years went on. Thomas Jefferson was strongly opposed to his cousin John Marshall’s insertion of judicial review into our governing process. In a letter about this he wrote, “If this opinion be sound, then indeed is our Constitution a complete felo de se (act of suicide)… The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.” (Letter from Jefferson to Spencer Roane, 1819.)
    On a lighter note, a new Judge has recently burst upon the scene that puts many currently on the bench to shame. Aaron Judge, outfielder for the New York Yankees proved at age 25 (in a TV interview) that he is more astute than the bench-sitting elder judges. The fans love him and have banners that read “ALL RISE” as the Judge come on the field. Conversely, when the current crop of most Federal judges come into their judicial environment, the court bailiff or custodian might announce them with the Steven Sondheim song “Send in the clowns.”


  3. The late, great William Quirk, Professor of law at the University of South Carolina, taught generations of law students that the Federal Judiciary has not so much grabbed political power, as they have willingly accepted it from the political branches abdicating their responsibilities. The President lets the Judges decide whether military prisoners should be tried by military tribunals and/or kept in military prisons and whether the President should be able to exercise his Constitutional duty to keep our borders safe, and whether our rules of engagement and methods of persuasion are acceptable, etc.

    Finally, there is a president willing to do his job, but the judges have now become addicted to using their unconstitutional powers; he will have to arm wrestle them to get those powers back. Over at the Congress, no one wants to take hard votes – votes that might give a challenger cause to run against them. Proof that this is the game was highlighted by Senator Tom Coburn’s having to maintain his medical license by practicing medicine (for free) on weekends in OK. Congress would only let him work if he worked for free, but the Senate refused to allow him to maintain his license, period.

    Jane is right about the clowns on the bench – and in fact it’s a whole confederacy of clowns that we are up against, if the Constitution is to be followed again. Let’s pray Trump is up to managing the three ring circus that is DC. Most of us believers think God raised him up to do just that! On this Memorial Day, we should pray that those who gave the last drop of blood that our nation should endure, will not have died in vain.


  4. Well, no reason to mind read when Trump’s racist and xenophobic fear-mongering, conducted over many months, is there to read and listen to. I continue to believe that the most American way to handle this situation is to not treat hundreds of millions of people as criminals based on the actions of a handful.

    Trump has no credibility when he campaigned as anti-Muslim and now says things “in support” of them.

    And speaking of reading minds, it seems to me you’re trying to do just that when you assess the thoughts and motivations of the judges you call clowns. You talk about the three branches being out of balance, but if judges disagree with the president, you see that not as balance (as the founders anticipated) but as dis-balance which should lead to impeachment. I don’t follow.

    But then you always tacked on the cliche prefix “activist” in the past when judges disagree with you, so I am not surprised.


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