During Sunday’s broadcast of Fox News Channel’s “Life, Liberty & Levin,” former Speaker of the House, Newt Gingrich, suggested that it would be necessary for President Trump to revisit the Judiciary Act of 1801.
Judiciary Act of 1801, April 8, 1800
In 1801, the lame-duck Federalist majority in Congress, which favored a strong national government, made radical changes to the federal courts. The Judiciary Act of 1801 expanded federal jurisdiction, eliminated Supreme Court justices’ circuit court duties, and created 16 federal circuit court judgeships. Outgoing President John Adams quickly filled the new positions with Federalist lifetime appointees, known as the “midnight judges.” When Democratic-Republicans gained a majority in Congress the following year, they repealed the 1801 act and abolished the new judgeships.
Congress determines the structure and authority of the federal court system. After defining the federal judiciary in 1789, Congress used its constitutional power to alter the courts’ structure and operations in 1801 and 1802.
Levin said:
“You know, Newt, last segment I asked you, what is their program? And I want to catch myself, we know what their program is. It’s the same old thing. It’s American Marxism. I wrote a whole book on it, so they don’t really want to talk about that, do they? They want to go back to what they always go back to. But is that going to work?”
VISIT OUR YOUTUBE CHANNELGingrich replied:
“Well, we don’t have any evidence it’s going to work. Look, you have a whole generation growing up, which saw the government lie to it about COVID, and saw the government lie to it about Russia, Russia, Russia; saw the FBI being corrupted, and saw the lies about Afghanistan, etc. So, over in a poll we do at America’s New Majority Project, over 80% of the American people believe the government is corrupt. Now that’s really dangerous in a free society, and what Trump is doing is he’s taking on the corruption. And of course, if you’re on the side that’s been making money by being corrupt, you’re not happy. So a lot of the people that are so-called observers, in fact, are opponents. Their goal is to defeat Trump.”
“The district judges may be the worst, because I think there is no constitutional basis for a district court judge to think that they can become an alternative president, and a lot of these decisions are absurd. And the Founding Fathers, you know, Jefferson, eliminated 14 judgeships. He didn’t impeach him. He just eliminated the judgeships, and they went home. And I think that we’re moving towards a point where we may have to eliminate a number of district courts just to communicate that we’re not going to tolerate dictatorship by judge.”
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