On Thursday, the Supreme Court ruled that President Trump does not have the legal authority to repeal Obama’s DACA program. Just as a reminder for those who have forgotten, during his presidency, Obama repeatedly said that he does not have the authority to stop deportations and prosecutions of illegal immigrants. However, he decided with his phone and pen, to do just that and thus began the DACA program. DACA is clearly unconstitutional and a massive overstep of power by the Obama administration. When Trump came into office, he almost immediately moved to repeal the program siting that the President does not have the authority to stop enforcing a law because he doesn’t like it. The Supreme Court decided that President Trump does not have the authority to stop DACA, which is just absurd. A president has the power to repeal any executive order that is unconstitutional. The Supreme Court is way out of bounds here and have become all too powerful.
When the constitution was written, the founders specifically made the Supreme Court the least powerful branch of government, simply because they were not selected by the people. Their only job was to determine whether or not a piece of legislation was constitutional. They have since overstepped those boundaries and have become extremely powerful. Now, the Supreme Court has repeatedly been used to make legislation that congress refuses to do. I don’t care how incompetent congress is, the Supreme Court does not have the power to legislate, ever. For example, let’s look at Roe vs Wade. For years, democrats in congress were trying to push legislation to make abortion legal across the country, but was repeatedly rejected and rightfully so. As a result, they sent it to the Supreme Court and ruled that under the 14th amendment, that abortion was protected which is patently absurd on every level. By the way, pushing to have the court repeal Roe vs Wade is not the same thing as the court legislating. However, over the past few days, it seems like relying on them to do that is waste of time because it won’t happen any time soon.
For the past few elections, Republicans have routinely made it their pitch that they will appoint conservative Justices, and it seemed like a good pitch. The problem is that Republicans suck at picking Justices. There are currently 5 conservative Justices on the court right now, and based on the rulings recently, that doesn’t matter one iota. Justice Roberts was picked by Bush, and has been a garbage justice. Trump picked Gorsuch and Kavanagh who have been decent but have rulings that show they are not as textualist as they said they were. This is why conservatives need to stop relying on the court for any kind of change because you will not get it.
If we are to change the nature of the court, we need to dramatically limit their power to their constitutional authority only, nothing beyond that. I know that is unpopular these days, but it has to happen. The Supreme Court was never supposed to be this powerful. It should frighten everyone that we have a branch of government that is not elected that continues to gain more and more power.