Recently de-robed Milwaukee Judge Hannah Dugan (that conjures a revolting mental image), has been found guilty of felony obstruction of justice, by a jury of her peers (though I’m sure she would disagree that they were peers). She was convicted for attempting to help an illegal alien evade arrest by federal agents. In her court, the victims of her illegal pal apparently didn’t have a voice. Dugan, of course, intends to appeal her conviction, because judges are allowed to decide which laws apply to them (snark intended). It’s that “we’re more important than the legislature” penumbra hidden behind the Constitution. Judge Jeb Boasberg relies on it heavily for his jurisprudence.
Even Minneapolis’ boy Mayor Jacob Frey took a few minutes off from pandering to his Somalian criminals constituents to provide a remedial Constitutional lesson. He informed us that Judge Dugan is protected by constitutional “separation of powers” and is therefore immune from executive branch pestering. Putting aside the little detail that Dugan is a local rather than federal employee, Frey clearly played hooky on the day his American History class covered the summer of 1787.
From their public utterances, I surmise that Jake and Hannah are either ignorant about the organization of our government, or they think we are. In Frey’s case, I’m guessing it’s him. Both the Mayor and the Judge used the right term – “separation of powers” – but with the wrong understanding of it meaning.
The framers of our Constitution didn’t spend a hot summer in Philly, debating how to protect the federal government from being answerable (i.e. accountable) to the people. They had just risked everything – “their lives, fortunes, and sacred honor” – to cast off an overbearing government. To avoid a “do over,” their greatest fear was a government which would find a way to impose tyranny. That’s why they did not create a one-branch form of government – such as the Soviet Politburo. Instead, they created a system with 3 co-equal branches of government. I suggest that the Clinton, Obama, and Biden judges might want to look up that “co-equal” word. It’s important.
Our founders wanted the 3 branches of government to be in conflict with each other, so they wouldn’t be in conflict with us. Hence, our branches have separated, but not isolated, powers. Their powers may not be usurped by the other branches, but neither are the other branches immune from those powers. “Separation of powers” is one of those constitutional checks and balances, intended to make each branch answerable to the other two.
If the courts lose their way, as our district courts clearly have, Congress can redefine jurisdictions, change funding, and impeach judges. The Article I branch of government’s powers are separate from those of the judiciary, but may still be imposed on the judiciary.
If a judge commits a crime, as Hannah Dugan did, she may be prosecuted by the executive branch. The Article II branch of government’s powers are separate from the judiciary, but may still be imposed on the judiciary.
“Separation of powers” is intended to provide exposure to accountability, not immunity from it. The arguments of both Judge Dugan and Mayor Frey are based on an incorrect understanding of our Constitution.
Does this arrangement create conflict in the government? You betcha, and that’s the point. Having a legislature that can alter the structure of the judiciary, and an executive who can enforce the laws on the judiciary, makes the judiciary accountable to “we the people.” The President and our legislators are the vessels of our self-governance after all.
What Dugan and a rogue’s gallery of activist district judges don’t seem to understand, is that “we the people” spoke on November of 2024. We want the immigration crisis created by President Asterisk, fixed. With dozens of Democrat appointed judges trying to pretend that our electoral decisions don’t count, it is past time for them to experience accountability. Hannah Dugan is simply the one who raised her hand and said, “Ooh. Me first!”
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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