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WASHINGTON (TNND) — In response to the abundance of executive orders signed by President Donald Trump in just two months, there has been an abundance of lawsuits challenging what he views as his presidential power.
They have often been filed by Democrats with federal judges they see as like-minded, a practice that’s been used by both parties for decades. This time around, it's Republicans denouncing the practice.
Speaking to reporters Monday, House Speaker Rep. Mike Johnson, R-La., said, "Activist judges are a serious threat to our system. It has increased in number. It has increased in intensity. This is not the way the system is supposed to work."
The system is now being challenged in new legislation introduced by House Republicans called the "No Rogue Rulings Act," which seeks to limit the authority of federal judges to impose nationwide injunctions.
In an interview with The National News Desk Tuesday, former U.S. Attorney John P. Fishwick Jr. explained the bill.
Congress is saying, when a federal judge issued an injunction that it covers the whole country that that’s too broad of power for one judge to have a judge should only have the power in the state that he is located in.”
Fishwick said it’s well within the power of the legislative branch of government to "clip the wings" of the judicial branch, that it is, in fact, the job of Congress to make laws.
The effort comes as there have already been 137 legal challenges to the President’s actions, in his 65 days in office.
Lawsuits include challenges to the widespread firing of federal workers and dismantling of federal agencies created by Congress, the blocking of Trump’s executive order seeking to end birthright citizenship and his use of the Alien Enemies Act to deport 261 migrants he calls criminals without due process, which critics say interferes with U.S national security.
In an interview on Fox News Tuesday, former Attorney General William Barr said, "The Constitution gives the President the power to make the judgments about how we deal with foreign nationals when we are animated by national security concerns. It is his call, not a district court judge's call."
Others argue there is a valid reason for the long list of lawsuits: that Trump has time and time again pushed the limits of presidential power.
Rep. Jake Auchincloss, D-Mass., told CNN Friday, "On the 250th anniversary of our overthrow of a king, Congress needs to step in and say that the presidency has become too powerful. We've got to look at the abuse of emergency authorities, the abuse of tariff authorities, the abuse of domestic law enforcement authorities."
In many ways, Trump is laying bare the reality that Democracy can be messy, raising questions about the Constitution and our laws nearly every day. Constitutional experts say the answers to many of them will end up being determined by the U.S. Supreme Court.
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