Thursday, March 16, 2017

Obama's Tribunes

Copied whole from Powerline:

Derrick Watson, a Democratic Party activist who was appointed to the federal bench in Hawaii by President Obama in 2012, has issued a purported injunction barring implementation of President Trump’s travel order. I have not yet read Watson’s opinion, and will comment on it in detail when I have done so. But I have read Trump’s order, and the idea that it somehow can be blocked by a federal judge is ridiculous. The order is absolutely within the president’s constitutional discretion.

What we are seeing here is a coup: a coup by the New Class; by the Democratic Party; by far leftists embedded in the bureaucracy and the federal judiciary. Our duly elected president has issued an order that is plainly within his constitutional powers, and leftists have conspired to abuse legal processes to block it. They are doing so in order to serve the interests of the Democratic Party and the far-left movement. This is the most fundamental challenge to democracy in our lifetimes.

The battle lines are clearly drawn. What Watson has done has nothing to do with the law. It is a partisan coup, and must be resisted.

We now have a situation where Obama's appointees to the bench are acting as Tribune's of the Plebeians.*  Or to be more exact Tribunes of the Patricians.

The Tribunes of the Plebes once had a legitimate function in the ancient Roman Republic.  They protected the rights of small farmers and business owners from the depredations of the rich men of the Senate.

As the centuries rolled on the Tribunes became nearly ceremonial until the crisis brought on by Rome's overexpansion after the Punic Wars.  You see the rich men of Rome found a way to make the the poor men poorer without stealing from them directly.

How did they manage that?

You ask and Cataline answers: By bringing in cheap foreign labor.

It didn't really matter that the huge numbers of slaves that were forced to immigrate didn't particularly want to immigrate.  The end result was the same.  Poor men were pushed on to the margins of survival while the institutionally corrupt patricians became rich at their expense by pocketing the money that would have been spent on paying them.  Sound familiar?

And so the Tribunes took on a new power when Gaius Gracchus began abusing the Tribune's Veto to try and improve the lot of the Plebes.  Unfortunately he did so by inventing the Welfare State.  He was rightfully killed for it.

The problem was that once abusing the power of the Tribunes was established for the good of the Plebes, it was just as easily abused to damage them.  Reforms that could have helped the poor men of Rome were routinely blocked simply by using the power of the Tribune's Veto.  The Republic rapidly deteriorated as the interests of the wealthy were protected by the Veto and the problems of the poor men of Rome became worse and worse.  All faith was gradually lost in the institutions of the Republic by it's lower citizens until finally, Rome could no longer function.  The Republic was not over thrown by Dictators, they just stepped into a power vacuum.

Today the Left's abuse of the Judicial Veto is going to do the same thing if it isn't stopped.

I predict with confidence that Judicial over reach will rapidly become untenable.  Obama didn't put the best and brightest on the bench because those men don't exist on the left wing anymore.  He put men such as himself with the very clear and deliberate intention of using the ill-defined and self aggregated   powers of the judiciary to advance SJW goals.  There have been previous generations of federal judges who were willing to act in this capacity but there was always an innate respect for legal precedent.

Times have changed.  Now the SJW judiciary is all about power and is barely bothering to dress it up in case law at all.  

The problem with this brilliant plan is that they are counting on conservatives to view these traditions as inviolate. And conservatives will.  

The Alt Right will not.

Counting on right wing respect for tradition to protect your revolutionary process has a major flaw.  Traditions are easy to abandon.

UPDATE: Revised and edited...because I accidentally published this when I meant to hit Save.  Oops.

* From Infogalactic: Tribunus plebis, rendered in English as tribune of the plebs, tribune of the people, or plebeian tribune, was the first office of the Roman state that was open to the plebeians, and throughout the history of the Republic, the most important check on the power of the Roman senate and magistrates. These tribunes had the power to convene and preside over the Concilium Plebis, or people's assembly; to summon the senate; to propose legislation; and to intervene on behalf of plebeians in legal matters; but the most significant power of these tribunes was the power to veto the actions of the consuls and other magistrates, thus protecting the interests of the plebeians as a class. The tribunes of the plebs were sacrosanct, meaning that any assault on their person was prohibited by law. In imperial times, the powers of the tribunate were granted to the emperor as a matter of course, and the office itself lost its independence and most of its functions.[1] During the day the tribunes used to sit on the tribune benches on the Forum Romanum.

No comments: