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Friday, February 10, 2017

On appeal to the judges

Being of sound mind, but ill-schooled in the law, this typical American citizen knows that compliance with the law is required even in the presence of ignorance about it. Respect for the law and the courts is an obligation as the rule of law is a citizen's last line of defense against tyranny.

Are there signs today that the American government has a propensity for being tyrannical?

The Court of Appeals just ruled that President Trump's Executive Order banning immigration from specified nations resulted in cruelty to people based on unreasonableness and being an arbitrary use of power that is unsubstantiated by facts. That is tyranny.

President Trump installed former Senator Jeff Sessions as the US Attorney General. A perpetually abusive President making such appointments compounds the propensity toward tyranny as it undermines legal recourse.

The United States Attorney General (A.G.) is the head of the United States Department of Justice per 28 U.S.C. § 503, concerned with legal affairs and is usually assumed to be the chief law enforcement officer and chief lawyer of the United States government.

When that position is undermined by an incumbent who bears a record lacking objectivity, it dilutes citizens' protection.

An errant President who is fraught with tyranny can make matters worse by appointing judges.

The federal judiciary of the United States is one of the three co-equal branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the President with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.

Trump has nominated Justice Gorsuch with the intention of installing a person with a bias that is favorable to him. These actions by President Trump have no recourse when they are confirmed by a biased legislature.

On that, citizens can only appeal to the judges for fair and equal treatment under the law and hope that their biases are mitigated by professionalism and knowledge about the law and their responsibility to serve their constituents.

Nominee Gorsuch, CNN Image

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