Congress Can Do More Than Impeach Judges

District judges are issuing wildly inappropriate rulings which are not rooted in the Constitution nor any duly enacted legislation. They are exerting control over everything from federal spending to troop deployments. Unfortunately, that has left us with a crisis that threatens our justice system and our republic.

Two weeks ago, I wrote about how customary controls over our federal judiciary have failed to provide accountability. Last week, I presented how the Supreme Court could do more than correct errant decisions of the lower courts. Does the Congress also have more control over the judiciary than it has been exercising?

Although Congress has the power to impeach rogue judges, that is clearly not a functional deterrent, when judges have joined the “resistance” that the Democrat party called for. Two-thirds of the Senate is not going to vote to remove a Judge, no matter how unethical his/her actions are, unless the voters deliver a much bigger electoral shellacking to the Democrats than seems likely. But, is there something other than impeachment that Congress can do? Perhaps something that a simple majority can undertake?

Congress legislatively created the lower courts. Congress funds the operations of the Article III branch of government. Congress can legislatively change the structure and the jurisdiction of the lower courts. As mentioned last week, Congress can even impeach and remove any judge in the judicial branch. Congress is not expected to exercise any of those duties in ignorance of facts and evidence. Hence, Congress has a power which it has been reluctant to exercise over the judiciary – oversight. It is a tool which may be wielded by a simple majority of either house of Congress. The “resistance” is powerless to block it.

The Republicans currently hold a slim majority in both the House and the Senate. Perhaps it is time for the Republican leadership to do some “fact finding” to determine if systemic corrective actions in the judiciary are necessary. I think it’s past time for a few judges of questionable behavior to be invited to testify – and issued subpoenas if necessary.

Judges will of course balk at discussing pending cases. But there is no ethical reason to avoid discussing matters of jurisdiction, authority, or judicial philosophy. It is only reasonable that they be asked to defend decisions which they have made, affecting government operations. They are merely a co-equal branch of government, after all.

Perhaps a House subcommittee led by Rep. Jim Jordon could question judges to find out:

• Where do they believe they are granted the authority to issue nationwide orders?
• What gives them the authority to violate the jurisdiction of another court (e.g. an immigration court)?
• Where are they granted the authority to dictate how the President manages the executive branch?
• Where in the Constitution is the Article III branch of government authorized to manage staffing, spending, and emergency responses of the Article II branch of government?
• Is it appropriate for any judge to defy rulings of the Supreme Court?
• Is it ethical for any judge to attempt to bias other judges on cases before them (as James Boasberg did)?
• Is it appropriate for judges to interpret laws in ways never intended by the authors of laws (as was done for the January 6 prosecutions)?

If judges refuse an invitation to testify, they should be subpoenaed. If they refuse a subpoena, they should be referred for criminal prosecution, now that the necessary precedent has been established with the prosecution of Peter Navarro.

Wouldn’t it be fun to watch the televised testimony of Judge Boasberg as he asserts his 5^th amendment right against self-incrimination, or has more memory recall problems than Joe Biden before his afternoon nap? Is it possible that the potential for an uncomfortable day before Congress, with the cameras rolling, might change the behavior of a few judges? Accountability can come in many forms. Republicans should start thinking creatively about it.

Author Bio: John Green is a retired engineer and political refugee from Minnesota, now residing in Idaho. He spent his career designing complex defense systems, developing high performance organizations, and doing corporate strategic planning. He is a contributor to American Thinker, The American Spectator, and the American Free News Network. He can be reached at greenjeg@gmail.com.

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