A New Form of Government: Forget Representation, the US Is Governed by Lawsuit

Since taking office, President Trump has been a lightning rod for his haters. Everything he does doesn’t do, and says (or Tweets) is a headline. But if the current trend continues, one of the most notable aspects of his administration will have nothing to do with the media – it will involve the courts. The current administration has been sued more frequently than any of his predecessors and it doesn’t look like it will slow down anytime soon. But the real question is not who wins or loses; it is how will this affect the future of our government model?

As any student of history knows, the United States is not a true democracy. Not everyone has a say in every issue, doing so would unnecessarily burden even the simplest decision. Instead, we are a constitutional federal representative democracy where the people elect representatives to make decisions on their behalf with the majority of power centered at the federal level and controlled by the framework of the Constitution. A mouthful, right? No wonder most people simply refer to the USA as a democracy or republic. Regardless of what title you use, the premise is the same. Elected officials make decisions based on what they believe those represent want. As long as those decisions and the resulting laws are allowed by the Constitution, they become the law of the land. Lower level jurisdictions may institute more restrictive laws but may not establish laws contrary to those set at the federal level.

But since taking office the Trump administration have faced more than two political parties and their elected representatives when attempting to makes changes. They now must face their opponents in court. The Administration, various agencies, and even President Trump himself have been sued over 100 times. Some are a frivolous waste of time, such as a New England woman who sued for “lack of enjoyment” following Hillary Clinton’s loss. But others are more concerning, not because of the specific topic but because of who is party to the suit. Every level of government must contend with lawsuits by citizens who feel wronged, but the current trend is for other political sub-divisions to sue the federal government because they do not like a law, regulation or proposed change. It is no longer unusual for a state Attorney General or city to sue, it is almost a regular occurrence.

To borrow a phrase “That’s not how this works. That’s not how any of this works.”

Our elected officials are supposed to represent us and vote on our behalf. If you disagree, you can contact their office and voice your concern or vote against them in the next election. If the majority of citizens feel the same way they will be out of office and someone more in line with the constituents’ beliefs will take their place. But going to court over every contested decision is not part of the equation. Yes, the courts are a valuable aspect of our governmental system and are tasked with ensuring laws are constitutional and applied fairly. But they were never meant to replace the legislative or executive branches and judges were never meant to be the representatives of the people.

Allowing the current course of action to continue not only bogs down all three branches of government; it sets a dangerous precedent, one in which the courts decide policy, procedure, and the law. While this may appear to be a good situation when you are party to a favorable decision, it looks vastly different from the other side of the table. Plus, when you consider many judges are unelected and serve for extended periods, even life, you realize this system is far from representative.

Disclaimer: The content in this article is the opinion of the writer and does not necessarily reflect the policies or opinions of US Patriot Tactical.

Tom Burrell

Tom enlisted in the US Marine Corps Reserves in 1987. Following service in Desert Storm, he transitioned to active duty with the US Coast Guard. In 1997 he left the USCG to pursue a position in conservation & maritime law enforcement. Tom is currently a Captain and he oversees several programs, including his agency investigation unit. He is also a training instructor in several areas including firearms, defensive tactics and first aid/CPR. In 2006 Tom received his Associate’s Degree in Criminal Justice from Harrisburg Area Community College and in 2010 a Bachelor’s Degree from Penn State University.
Tom Burrell

1 thought on “A New Form of Government: Forget Representation, the US Is Governed by Lawsuit

  1. When either the executive or the legislature appears to exceed it lawful remit, this gives rise to a cause of action in the courts. Whenever a State, individual, corporation or interested group feels aggrieved, it may file suit in a court of competent jurisdiction, seeking relief. That’s a right and is intended to place limits on the actions of those bodies to ensure that they don’t start acting like dictators or kings.

    The best way to avoid unnecessary litigation is for the executive and the legislature to govern within the confines of the Constitution as defined by prior court rulings. That is what the separation of powers is all about and it has served the USA very well for many years.

    Countries like Russia have ‘popular’ governments (in a vague sense), but also have political interference in the courts. That us why, opposition leaders get framed and barred from running, or end up campaigning from a jail cell. so while those governments might be ‘popukar’, they are hardly democratic in any representative sense,

    Whether you like it or not, many of the Trump court cases arise from his failure to understand the separation of powers, the limits placed on the presidency by the Constitution or the role of the courts in keeping the other branches accountable. So before anyone wishes the role of the courts away, stop and think about whether you woukd feel that way if a president you dont like went rogue. The courts hold all accountable, regardless of political stripe.

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