When Donald Trump won a second stint as President, his supporters saw opportunities to start remaking the government in his image. And for a while, things went swimmingly. Trump’s Cabinet nominees were confirmed, Leftists made asses out of themselves in the process, and some bold ideas got advanced. Everything seemed to be going great.
And then judges got involved.
Time after time, judges ruled and temporarily locked some initiatives or struck down others. While the MAGA Right got upset that who they see as activist judges obstructed Trump’s plans, Leftists cheered, citing checks and balances as justification.
Time to go back to your civics classes, kids, because this one’s gonna be a thinker!
checks and balances
What the Left thinks it means – a Constitutional protection that is rightly obstructing President Trump’s agenda
What the Right thinks it means – a Constitutional protection that is wrongly obstructing President Trump’s agenda
What it really means – a Constitutional protection that is being bastardized due to politics
As you may know or at least gleaned from old “Schoolhouse Rock” episodes, we have three co-equal branches of government: Legislative, Executive, and Judicial. In terms of the law, the Legislative branch passes the law, the Executive branch enforces the law, and the Judicial branch interprets the law. And, for the most part, this system works pretty well.
That is until we get into the wonderful world of Executive Orders. Basically, Executive Orders are when the President says “This is the way shit’s gonna be because fuck you I’m the President, bitches!” Granted, this power is limited in one of three ways.
1. Congress can pass legislation to negate or circumvent the Executive Order.
2. The judicial branch can rule the Executive Order breaks federal law or the Constitution.
3. A future President can revise or negate the Executive Order by issuing a new Executive Order.
The heart of the current conflict involves the second one. Since the President is trying to get things done via Executive Orders, the courts can get involved and tell the President to pound sand, as they’ve done repeatedly since the Trumpster resumed the Presidency.
In other words, it’s checks and balances in action. Or is it?
Where things get a bit muddy is in the Judicial branch’s power to interpret the law. If each judge were committed to the rule of law and the Constitution, this wouldn’t be an issue. But since we live in the real world, it is. And we have politics to thank for it.
Much like an STD, politics can turn an important job like interpreting the law into a position where a judge can put his or her thumb on the scales of Justice to rule as he/she fits…or how his/her backer(s) want him/her to rule. But unlike an STD, the only fucking going on is being done in the courts, and it’s going to take a lot more than the right meds to fix things.
In recent years, politics has wormed its way into the judicial branch, whether it be from the Left or the Right. And when you really think about it, having political backers support you in any number of ways makes it easier for judges to say “fuck it” and rule the way the backers want them to, which makes the checks and balances part of the equation a lot less just.
The Right, especially the MAGA Right, think the solution to the problem is impeaching judges, which has gotten predictable pushback. Although this is a strategy, it’s not a good one because it sets a bad precedent, one that Leftists will definitely use. Judges can be impeached, but there has to be something to it besides “this asshole is blocking what we want to do.” In most cases, actually, that’s not a crime so much as it is a service to the country. Even so, impeaching a judge because you don’t like his or her ruling sets the table for when the opposing party gets into power and you find some of your favorite judges getting shit-canned for obstructing the President’s agenda.
And outside of “American Idol” or “America’s Got Talent” you really shouldn’t have a favorite judge. The judicial system is not a place for idolatry or fandoms.
Now that I’ve pretty much confused/bored/enraged/amused you, let me get back to the main subject of this Lexicon entry.
The Left is using the checks and balances card as both a shield and a sword (which would be pretty cool now that I think about it). On the one hand, it’s used as a shield to absolve the judges of any criticism of their rulings, no matter how fucked up they are. They can throw up their arms and say “well, the judge is only acting as a check on President Trump’s power, so it’s okay.” But just wait until the US Supreme Court makes a ruling they don’t like and their love of checks and balances.
The way they use the check and balances like a sword is to annoy MAGA supporters. All it takes is a “ha ha Trump lost in the courts again” and the MAGA Right goes ballistic. Which is exactly what the Left wants the MAGA Right to do because it plays into their narrative about Trump supporters being unhinged and incapable of accepting any negative outcomes.
And, to be fair, some of the MAGA Republicans are playing a little too closely to the typecasting.
Of course when the roles are reversed, both sides flip like an IHOP cook working straight commission per flapjack, but that’s not important.
What is important is recognizing the checks and balances as they’re being used today don’t work as intended. The Founding Fathers set up the checks and balances system to ensure all three branches of government could keep each other honest without one branch getting too much power. Nowadays Congress has electile dysfunction, so even the simplest of tasks become an exercise in futility or gets loaded down by more riders than a Hell’s Angels convention clashing with a rodeo convention. We’ve already touched on the problems with the Judicial branch, and that leads us to the Executive branch.
And the less said about that, the better.
So, how do we fix it? Unfortunately, we can’t. Even if we elect good people (which are rarer in politics than the way Count Dracula likes his steak), they will get ground up by the political machine, run by people who have long since thrown away any concept of following the rules as written. The only way to get things back on track is a bit on the drastic side.
We have to nuke the site from orbit. It’s the only way to be sure.
A bonus 500 Leftist Lexicon points if you got that reference.
Seriously, we’re at a point where the checks and balances are imbalanced either through bureaucracy, lust for power, or just general dumbfuckery, and neither major party wants to do anything about it. They would prefer to be outraged when the checks and balances don’t go their way than to actually make sure the checks and balances are still there in the first place. (Spoiler Alert: they ain’t.)
So, the only solution I can see is to hit the reset button and start over. I’m guessing it’s somewhere under the Washington Monument because why wouldn’t it be there. Good luck getting to it, though.
Under advice from my lawyer, I’m not allowed to say anything more on the subject. Good luck on finding that button!
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