November 15, 2018

With Democrats taking control of the House (and presumably doing little more than investigating the President, his family and business associates) and Republicans keeping control of the Senate and White House, it’s unlikely that much is going to get done legislatively for a while, at least until January of 2021.  So, how can Republicans make the most productive use of the next two years, to really make a difference?  Andrew C. McCarthy has a new, very helpful column that offers some direction.

President Trump was voted into office, he notes, in large part because the electorate wanted to see his policies implemented --- policies on immigration, the environment, etc.  In our free, constitutional republic, that’s the way it’s supposed to work, with elections being a choice from among competing policies.  But that’s not what is happening now, as hard as Trump has been working to fulfill his promises, because of activist judges (the “Lawyer Left,” as McCarthy calls it) who were largely put in place under Obama.  With President Trump being blocked by them from exercising his constitutional authority on a variety of fronts, McCarthy recommends a solution:  “conveyor belt” confirmation of his nominees to federal appellate courts and district courts.

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Numerous vacancies on the appellate courts have been filled since Trump took office, but 11 seats remain open, and within the district courts, there are currently 111 open seats.  The President needs to get them filled, with judges who will follow the rule of law rather than dictate an ideological agenda.  Under the judicial control of the Lawyer Left, McCarthy explains, “elections represent a policy choice only when Democrats win.”  This needs to change, and appointing new judges is the way to do it.


McCarthy anticipates that the left will simply accuse the right of doing essentially the same thing they themselves do:  put like-minded judges on the bench to ensure the decisions we want.  But that’s not it; in a larger sense, we conservatives think differently from liberals in that we really want to protect the rule of LAW --- the legislation passed by Congress (lawmakers who are accountable to us and can be removed in the next election) and signed by the duly-elected President, as outlined in the Constitution.  We’ll live under a law we oppose as long as we have the have the opportunity through the system to repeal or amend it.  That’s so unlike the left, who see the Constitution as elastic and will stretch it every which way as a means to an end.  After all that, if leftists still don’t get the result they want, they “resist”:  marching, rioting, screaming in people’s faces, making threats, pounding on doors and wearing ridiculous hats.


Take the obvious example of this difference in approach, Roe v. Wade.  Leftists want legalized abortion, so they “found” the “right” to it, just as they are happy to “find” any other “right” they want to bestow.  On the right, we strongly oppose abortion but see the issue as one to be addressed by legislation, primarily at the state level.  (I would add that in this case, a constitutional amendment would also be consistent with the rule of law, but the state-by-state legislative approach, along with scientific education and working to change individual hearts, is much more reality-based.)  We don’t look for authorities in robes to “find” a prohibition of abortion in the Constitution where none actually exists, because that would chip away at the rule of law.


Liberals don’t understand this because their minds don’t work that way.  They’re projecting their own way of thinking onto us.  (The same principle applies with voter fraud:  Democrats willing to blatantly manipulate elections –- i.e., break the law –- to get their desired outcome will naturally project that willingness onto conservatives and assume we all do the same thing they do.  Not so.  But I digress.)


We’ve got a situation now in which some judge or panel of judges on the Lawyer Left is no doubt going to hit President Trump with an injunction against his administration’s restrictions on asylum applications.  As the first migrants from the “caravan,” presumably the ones who managed to hitch a ride instead of walking, are arriving at the U.S.-Mexico border, we have a policy for handling them in place, a rule derived from existing federal statutes by the Departments of Justice and Homeland Security and specified in the form of a proclamation signed by President Trump.  It very reasonably states that an alien who is physically present in our country and wishes to apply for asylum here must be in the country legally.  He must not have attempted to smuggle himself in or force his way in as part of a mass group, or “caravan.”  


McCarthy points out that just four months ago, the Supreme Court affirmed the President’s authority to “control the ingress of aliens based on his assessment of national security needs.”  That would certainly seem to include his policy for dealing with these large migrant groups.  But it won’t matter.  What will matter is that Trump is trying to reverse the lax Obama border policy (which has obviously failed to create border security, but never mind).  This reversal will not be permitted, because Obama appointed 329 federal judges, the vast majority of whom are just as “progressive” on the issues as he is and think nothing of telling the current President what he can and can’t do.

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Example:  At the time the administration was firming up the new asylum standards, a three-judge panel on the Ninth Circuit Court of Appeals (two Obama appointees and one Clinton appointee who was on Obama’s short list for the Supreme Court) ruled that Trump could not reverse Obama’s DACA policy (Delayed Action on Childhood Arrivals).  Obama had proclaimed this unilaterally, through nothing more than a policy memo, yet the judges said Trump didn’t provide them with a good enough reason for changing it.  Here’s all the reason they should need:  “I am the President of the United States, you black-robed idiots, and I get to do it.” 


Another example:  An Obama-appointed judge in Montana has issued an injunction against the Keystone Pipeline.  Gosh, you’d think Obama was still President, and I guess he still is, according to this particular Montana judge.


The Lawyer Left talk about democracy from the ground up, “power to the people” and all that, but what they really want is control from the top down.  They want to run things, and run things they do.  This is the kind of government someone like Hillary Clinton wants, the kind that minimizes the will of the “deplorables.”  It’s the kind of mentality that sees nothing wrong with legally hemming in the duly-elected President, with injunctions and/or with endless investigations and threats of impeachment, because the decision of the voters doesn’t matter.


The only thing that matters is political muscle.  And judges increasingly wield it.


It’s a great idea for President Trump to use these next two years to appoint as many judges as possible who believe in the rule of law.  Republicans still control the Senate, so the approval process hasn’t been derailed.  (Of course, they've got to stick together, unlike outgoing Sen. Jeff Flake, who says he won't vote to confirm any of Trump's judicial appointments until the Senate votes on legislation to protect the special counsel.  Disgraceful.)  Let the Democrat-controlled Congress devolve into its own internal power struggles, endless investigations and hysterical ravings against everything Trump says and does.  The President should just quietly go about his business constructing a solid judiciary, and in doing so, create the kind of legacy that will do this country an amazing amount of good.




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Comments 1-25 of 53

  • Tetiana

    11/20/2018 10:08 AM

    1/3 of his time in power Obama was busy appointing LGBT ppl in high offices of Us in every branch of society, and Trump should be doing the reverse action b4 he is out.Thank you for this letter, 100% agree

  • Kathy Wingate

    11/18/2018 01:13 AM

    Think McCarthys plan sounds like a Sound strategy... won't that drive the Dems mad?
    Enjoyed seeing you and Sarah filling in for Hannity. You both did a great job.

  • Vickie Fiorentino

    11/17/2018 08:22 AM

    Trump needs to command, get these things done, regardless: what is best for the country. As far as Roe-v-Wade is concerned...start educating the people via TV and internet; use this medium to tell them that abortion doesn't have to happen as there is a PILL out there you can take the "morning after" if you were raped of forgot to use protection...NO ABORTION NEEDED...and down with Hitlery! do we really think she will not take the 5th?

  • Charles H King Jr

    11/16/2018 07:32 PM

    Thanks for pointing out McCarthy's ideas for the President to be busy with for the next two years.
    Keep your articles coming they are very educational.

  • judy hannon

    11/16/2018 02:31 PM

    You are right, keep telling the president what is important for us so we can have the rule of law to win. I hate the left they seem to want to destroy our way of life that we are trying to preserve. What is wrong with the crazy left? Maybe I just answered my question.

  • Michael Galloway

    11/16/2018 02:29 PM

    Governor Huckabee: I hope your article on what President Trump should do in the next two years can go directly to the President. You indeed should be one of his WH advisors. I fear that President Trump may have two tough years trying to go about the business of being President with the mainstream liberal lying media, the Democrats and Socialist, the Obama appointed federal judges, etc. Sadly, doesn't look like the President can even depend on most of the Republicans as they have done almost nothing to back him. And the President has accomplished so much almost by himself, because unlike Obama, he isn't running around the world apologizing for the United States or running around pushing a left-wing ideology, he's undoing so much of the literal damage that Obama inflicted upon our country with the constant support of the Democrats, socialist, media, etc.

    I do hope you do have the opportunity to talk with and at times advice the President. Even more so, I hope and pray that God the Father will give the President wisdom, discernment, safety and foil the constant plans of the Left and their agenda to destroy this country.

  • Shauna dickerson

    11/16/2018 02:13 PM

    I'm wondering if President Trump or any of his staffers read your newsletters and take the advice into consideration. This is definitely one piece of advice that should be adhered to. The best thing the president can do is put in as many conservatives into the final - say judge positions as possible. Now, while the country is still being led by conservatives.

  • Barbara Hawkins

    11/16/2018 10:00 AM

    I read the comments made by the Poll worker in L.A. that NO ID was needed. I shivered at the thought of what is going on in CA. and how it is (wanting to secede from the Union). I love this country and vote in every election, be it local, state or National. We have Veteran's who go to the battle fields and give their lives for us to live in a DEMOCRACY, that allows us to have freedom of speech, freedom to vote and freedom to worship as we please, live in our own home and work at a job to support our families and stand up and salute the FLAG, and pray in to God the Father. I do hope and pray that one of the things that can be accomplished while President is in office is that we as citizens of this country will urge our State politicians to implement the law to set term limits in the people that we send to represent our state's. It has to start in each state and then move to Washington D.C. Our founding father's did not mean for men and women to go the Nations capital, and serve for a lifetime, it was meant for them to represent their constituents, back home for a term of 8 or 10 yrs. Not be there for 30, 40, or 50 years. We need new blood in our national office's. Not someone like we have now, who have made millions and all they do is argue and slander anyone they can. I think they should be prosecuted when they harass citizen's at public places, such as Gas stations, restaurants, and their own homes. It is sickening what is going on now.

  • R. D. Leigh

    11/16/2018 03:32 AM

    Governor Huckabee, perhaps you might remember me from the New Jersey Family Policy council appearance 4 days after Gov. Chris Christie was first elected in NJ. I shared the stage with our good friend, John Morgan, who appears worldwide as former President George W. Bush, and on many occasions spanning a decade, with me also appearing as former President Bill Clinton. It was my great delight to have met you that evening, and I still wonder quietly about how the world might look tonight had you ascended to the position of POTUS, or 'First Citizen Among Equals', as I like to think of it. And I really do still like that notion, Governor. Just sayin'.

    In any case, Sir, I agree that President Trump best serves us all as well as his declared agenda by doing precisely as you have suggested. Perhaps the single most powerful arrow he has in his quiver is to literally launch a tireless and continual fusillade of appointees to the benches everywhere they are or will become available, within his portfolio; I agree with his stated intention to seek and vet jurists with a clear and undeniable fealty to our Constitution in its' original form. The FF remain still wiser than all of us, certainly including our friends across the aisle, when it comes to anticipating in their future (our now!) the likelihood of one unethical and untrustworthy mob of ideological zealots sparing no effort in stealing the win at the cost of freedom, and even our Society. Those Original Patriots, who paid the incalculably-high entry fee for you and I to live as free citizens in a nation of self-rule knew, and dictated, the process needed to fairly trade up for better players in this bitter contest for Constitutional fealty between the Left and Conservatives. As stalwart originalists, I conclude that Conservatives simply must win these battles, because our cause is just and our precepts are not of our own manufacture or redesign - they rest upon the magnificently-crafted 1789 Constitution that says what it says, only what it says, and means exactly what it says - which it says quite eloquently but no less clearly.

    I admire his dogged focus on placing people at the right place, the right time, in order to accomplish some clear, unequivocal goals, without excessive and often needless bureaucratic (and foolishly mulish) resistance to put the ship itself in order. The apparently 'quaint' notion of 'actually getting things done, period' that underlies all capitalism seems to be a fable to the Left, a party that has brought to their zenith the arts of obfuscation and petulant resistance all while feigning cooperation and openness to fair dealings. The President is a man of action such as has not been seen in that office in more than 100 years, and he sees, as do so many of us, that this is indeed a point of no return moment for the United States of America. Are we fellows, are we legitimate neighbors, all honoring the common contract between us? Or have we descended, too late, into an endlessly self-dividing citizenry divesting ourselves of our common humanity and our common sense, to our cost? Setting the judiciary once again upon sound Constitutional footings is the best place to focus.

    Wishing you and your loved ones a Happy Thanksgiving and a Merry Christmas, Governor, and Gods' mighty hand of blessing upon you and yours.

    R. Dale Leigh
    Bill Clinton Impersonator
    Elgin, IL

  • Catherine Barnowsky

    11/15/2018 09:51 PM

    It’s not a comment about the judges, but rather on instituting a National I.D. for voting. Could you please do a column on that and give us information on how this could come about. Does it take an act of Congress or can President Trump issue an executive order? The I. D. would have to have an American Citizen declaration on it. I’d appreciate it if you could give us an update on this. I feel that it is very important to establish this I.D. before the 2020 Presidential election. Thank you. Cathy Barnowsky

  • Sandra Meistrell

    11/15/2018 08:37 PM

    Brilliant commentary Huckabee!

  • Wanda Morgan

    11/15/2018 08:26 PM

    I AGREE. Get as many judges in as quick as possible. Appeal to the Supreme Court, the decisions of the judges that act as if Obama's executive laws are permanent & constitutional.

  • Ann Ray

    11/15/2018 07:59 PM

    We are all for President Trump working with the senate to appoint judges in all the places that he can, and to replace Supreme Court Justice Ginsberg when she retires in 2019 with a conservative judge who upholds the Constitution. Let the house representatives rant and rave, pass as many bills as they would like which the senate can refuse to bring to the floor and/or President Trump can use his veto power if any do get passed by the senate, which we pray they won't. Also there should be some federal oversight into the next election cycle in 2020 in the states where obvious fraud runs rampant.

  • Sue B.

    11/15/2018 07:18 PM

    PLEASE advise Trump and tell him he should not pass prison reform without passing immigration legislation first.
    I just read that Trump is big on passing prison reform and and about to ignor the illegals flooding to our border.
    The liberals will make Trump let almost everyone in and then our country is in danger. They are already allowed to vote in many states.
    Trump should hold prison reform up until he gets the wall and e-verify and an end to chain influx of relatives.
    Why isn't there someone advising him to also force the Mexican government to stop the buses and trucks by blocking all the Mexican roads.

  • Paul Eugene DeWeese

    11/15/2018 06:47 PM

    I agree with every word of this article !

  • Giovanni Catanese

    11/15/2018 06:04 PM

    You are 100 percent on target! The president needs to keep working his agenda and disregard the Dems' attempts to preventing him to govern. Topics to address is: Why didn't the Dems do any of the "must do for the People idiotic plans" when they had control of both houses and the presidency? Because they were not "essentials"; now they do it ONLY to stop our president and unfortunately, the GOP politicians have no "balls" (pardon my language) to resist them. WHY? Why always do they capitulate to insane demands of the Left? Need to show unity within the party or the GOP will go under for good the next election, especially if the Dems get to do what they want starting in Jan 2019/

  • Marsha Barnett

    11/15/2018 05:03 PM

    Dear Mike. You should be one of President Trump’s WH advisors. Your wisdom and discernment are so good. I hope President Trump is using this progressive “ strategy”. Fight back with their own bullets.
    Praying for all our elected officials and leaders
    Take care and God bless

  • Marsha Barnett

    11/15/2018 05:03 PM

    Dear Mike. You should be one of President Trump’s WH advisors. Your wisdom and discernment are so good. I hope President Trump is using this progressive “ strategy”. Fight back with their own bullets.
    Praying for all our elected officials and leaders
    Take care and God bless

  • Dot whitley

    11/15/2018 04:59 PM

    This is my favorite part of all. I am the president of the united states, you black robed idiots, and I get to do it. Then do it, and don't look back.

    There's much work to finish, and I would love to see it happen.


  • Glendon Martin

    11/15/2018 04:54 PM

    On da mark Gov Mike

  • Margaret Kost

    11/15/2018 04:40 PM

    You are correct. We need conservative judges appointed and I plan to send President Trump and message to work on that. He doesn’t have enough on his plate. This is another example but the most crucial example of my belief that Barack Obama was trying to destroy The United States ???? from the inside out. Very sad! God blesses America and I thank Him for His mercy, His grace and His many blessings! Happy Thanksgiving ???? to you and your family!

  • Karen Plummer

    11/15/2018 04:21 PM

    I agree get those Judges appointed I think the Dems will fall flat of there face on these investigations I say our President Trump should order his own investigations Hilary would be a good start she'd be worst to ever be President I wouldn't elect her Dog catcher I care to much for the Dogs

  • Ed Anderson

    11/15/2018 03:53 PM

    Thanks for a good first step, however, there is another just as pressing 1st step: Get the election process standardized with Federal oversight (did I just suggest getting Feds involved?! Yikes, I did). It's past time that the DIMMS are keeping us from electing the people we want.

  • Keethlyn Fletcher

    11/15/2018 03:15 PM

    It astounds me that the left is so against anything and everything the President tries to do. Then it dawns on me that the Bible says it will be like this in the end times. I guess that's why the democrats are referred to as the left.

  • Thelma Lesch

    11/15/2018 03:08 PM

    Why doesn't he just sign EO's to get things done. Obama did.