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Lodge & Co.

The Business Advisor

Concerns Arise as Some Academics Urge President Biden to Disregard Judicial Rulings:  Is Biden A Threat to Constitutional Integrity?

7/24/2023

 
By Michael Lodge, The Business Advisor - www.lodge-co.com:  Business requires a rule of law to protect contracts and other legal concerns of law suits from government on businesses.  The Constitution is very important to small and all sizes of business, without it, we are unprotected. In recent weeks, a vocal group of law professors from liberal schools and political academics have emerged, urging President Biden to bypass the lower courts and Supreme Court rulings, effectively ignoring the constitution and established laws. This controversial call to action has raised concerns among Americans, who argue that such a stance undermines the principles of the constitution, the rule of law, and the delicate balance of power between the three branches of government.  We have even seen members of Congress supportive of ignoring the courts and the constitution, even though they have taken an oath to support and uphold the constitution. While these calls have triggered heated debates, it is essential to evaluate the situation objectively and consider the implications for the nation's legal and political landscape.

The Constitution as the Foundation of the Nation:  The United States Constitution is the bedrock of American governance, embodying the principles and ideals upon which the nation was founded. It establishes the framework for the separation of powers, ensuring a system of checks and balances to prevent the concentration of power in any one branch of government. The founders designed this system to protect individual liberties and guard against tyranny.

The Role of the Judiciary:  The judiciary, led by the Supreme Court, plays a crucial role in interpreting the Constitution and ensuring the constitutionality of legislation and executive actions. The Supreme Court's decisions are binding and have far-reaching implications for the entire nation. The principle of judicial review grants the court the authority to strike down laws or executive actions that are deemed unconstitutional.

Academic Perspectives: Questioning the Status Quo:  Within the realm of academia, it is common for scholars to challenge established norms and propose alternative interpretations. Some law professors and political academics, primarily associated with liberal-leaning institutions, have argued for an approach that questions the authority of the judiciary, advocating for a more executive-centric interpretation of the Constitution.

Americans argue that this perspective is problematic as it undermines the authority of the judiciary, an essential pillar of the American legal system. By disregarding judicial rulings and the principles of the constitution, they argue that a dangerous precedent is being set, one that could lead to an erosion of the rule of law and the checks and balances enshrined in the Constitution.  This reverts us back to the old British rule where the king made the decisions and citizens had no rights.  America was formed on the basis of the rule of law empowered by the constitution and the courts to be the last word in determining the law.  Not the President.

The Need for Prudent Consideration:  While it is important to engage in debates and consider alternative viewpoints in any democratic society, it is equally crucial to exercise caution when discussing potentially radical departures from established legal norms. The principles laid out in the Constitution have stood the test of time, providing a stable foundation for the nation's governance.

Impeachment: A Constitutional Remedy:  The impeachment process is a constitutional mechanism provided to address concerns related to the conduct of a sitting president. If there are legitimate grounds to believe that a president has acted unlawfully or violated their constitutional duties, impeachment becomes a viable option.  Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. However, it is important to emphasize that impeachment should be pursued based on clear evidence and a constitutional process, not as a reactionary measure to differing policy opinions or interpretations of the Constitution.  

Preserving the Constitution and the Rule of Law:  The United States has long prided itself on being a nation governed by the rule of law, with the Constitution serving as the guiding document for its legal and political systems. It is essential to acknowledge the importance of maintaining the delicate balance of power between the executive, legislative, and judicial branches. Any attempts by President Biden to undermine the authority of the judiciary or disregard established legal principles must be approached with great caution and a thorough understanding of the potential consequences.

Calls from certain law professors and political academics urging President Biden to ignore the SCOTUS and the constitution should be deemed a threat to the rule of law.  The President, any President, should be stopped.  Congress needs to use their powers to challenge the President and uphold his oath of office that says, ""I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."  Every politician from the President, executive branch, the courts, the congress, all must preserve, protect and defend this great constitution.  Not go against it.
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    Michael Lodge is a Nationally Certified Professional Mediator specializing in business disputes, as well as family conflicts.  He has written three books and hosts an international podcast on IHeartRadio and other podcast media stations.

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