A Standing Ovation for Independent Judges: Federal Courts vs. President Trump—Just as the Founding Fathers Intended, the Separation of Powers Is Working
By: Public Affairs Staff on February 9, 2025
SHELBY COUNTY- TN — The true test of American democracy is not how we treat leaders we oppose, but how we hold accountable the leaders we support.
The Shelby County Observer has more staffers who voted for Donald Trump than Kamala Harris, yet our loyalty—like that of every elected official—is first and foremost to the US Constitution.
In fact, the Shelby County Observer is so committed to justice and fairness that we criticized our own media industry and were the only publication in Tennessee to expose media corruption in August 2024, when Kamala Harris’ popularity was at its peak and Trump’s was at its lowest. An editorial was ran by us, “Beware of Apple News: All Things Donald Trump Bad, All Things Kamala Harris Good,” called out biased journalism and warned the public about the dangers of one-sided reporting as a threat to democracy and that helped to immediately change the bias reporting in Apple News, the multi-billion dollar media empire owned by Apple.
Our position is clear: No president, whether Democrat or Republican, should have the power to unilaterally reshape government without proper judicial review. The court’s role is to interpret the law and ensure the executive branch operates within constitutional boundaries.
From Washington, D.C., to New York, to Seattle, federal judges-including some appointed by President Trump himself-have repeatedly blocked, stalled, and rebuked his most aggressive Executive Orders. Their rulings are a testament to the resilience of judicial independence and the constitutional guardrails that the Founding Fathers built into the republic.
At the Constitutional Convention in 1787, the Founding Fathers envisioned a system that would prevent any one branch of government from accumulating unchecked power. Their solution—separating powers among the executive, legislative, and judicial branches—has been tested throughout American history, but never more so than today.
With the federal courts blocking multiple executive actions from President Donald Trump’s administration, we are witnessing a fundamental truth: the U.S. Constitution still works.
The real story here is not about the judiciary vs. Trump, but about the endurance of a system that protects liberty by ensuring no single branch can dominate the others.
Judicial Oversight: A Constitutional Safeguard
Since President Trump’s return to the White House, federal courts have intervened multiple times to assess the legality of key executive actions. Some of the most significant rulings in recent weeks include:
- Blocking the administration’s efforts to access Treasury Department payment systems through the newly created Department of Government Efficiency (DOGE).
- Halting the suspension of federal funding to states that refuse to comply with new executive orders.
- Preventing the restructuring of foreign aid programs, which would have removed 2,200 career USAID diplomats from their positions.
- Delaying an executive order on birthright citizenship to determine its constitutional validity.
While some of these rulings could ultimately be overturned by the Supreme Court, their existence proves a vital point: no administration—past, present, or future—can ignore the legal framework set by the Founders.
This process is not about partisanship. It’s about the rule of law.
When Joe Biden issued unilateral executive orders during his presidency, courts ruled against him on issues such as vaccine mandates, eviction moratoriums, and immigration policies. Those rulings were not an attack on Biden—they were a reaffirmation of the principle that no president is above the law.
The same principle applies now.
The Founding Fathers’ System in Action
James Madison, Alexander Hamilton, and their peers knew that power, if left unchecked, would consolidate. That’s why they crafted a government where:
- The President enforces the law but cannot create it.
- Congress writes the laws but cannot execute them.
- The Courts interpret the laws and ensure they adhere to the Constitution.
This system has preserved American democracy for 237 years because it ensures that no leader, no matter how popular or powerful, can govern without accountability.
If the judiciary were to simply rubber-stamp every executive order, we would cease to be a constitutional republic and instead become an imperial presidency.
No true constitutionalist—whether conservative, liberal, or independent—should accept that outcome.
This Is Not About President Trump—It’s About the Constitution
It is essential to recognize that constitutional checks on power are not a personal attack on any president—they are a safeguard for the future of the country.
We saw this during:
- The Nixon administration, when the Supreme Court ruled against the president in United States v. Nixon, forcing the release of White House tapes.
- The Clinton administration, when courts repeatedly ruled on executive privilege and subpoena power.
- The Obama administration, when multiple courts struck down executive overreach in areas such as immigration and healthcare.
- The Biden administration, when courts ruled against vaccine mandates and environmental regulations.
Each of these moments reaffirmed the same constitutional principle that is now being tested under President Trump.
The question is not whether President Trump’s policies are right or wrong—it is whether they align with the law.
The courts’ role is to ensure that no president, regardless of party, exceeds the legal authority granted by the Constitution.
That is why we must support the system of judicial oversight, even when it rules against leaders we support.
A Republic, If We Can Keep It
Benjamin Franklin famously said that the Founders had created “a republic, if you can keep it.”
That responsibility falls on every generation of Americans and especially our judges. It is the duty of citizens to demand adherence to constitutional principles, regardless of who occupies the White House.
The Shelby County Observer remains committed to constitutional integrity over partisan loyalty. We believe that:
- Presidents should be able to govern effectively, but within the constraints of the law.
- The judiciary should uphold its duty to review and, when necessary, strike down executive overreach.
- Americans of all political backgrounds should unite in defense of the separation of powers.
Today, as President Trump and his administration navigate legal challenges, and as federal courts issue rulings that shape the scope of executive power, we are reminded that the system designed in 1787 is still standing strong in 2025.
And that’s something every American—regardless of party—should celebrate.
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