Is the Judiciary Independent?

Listen to Mack and Steve discuss checks, balances, and how it always comes back to we, the people.

REFERENCES

There’s three coequal branches:

The White House. “Our Government.” https://www.whitehouse.gov/government/

Take France:

Georgetown Law Library. “The Structure of the French Legal System.” https://guides.ll.georgetown.edu/francelegalresearch/legalsystem

Or Britain:

Courts and Tribunals Judiciary. “Overview of the Judiciary.” https://www.judiciary.uk/about-the-judiciary/history-of-the-judiciary-in-england-and-wales/history-of-the-judiciary/

What you would call a civil law system:

Legal Information Institute. “Civil Law.” Reviewed October 2022. Cornell Law School. https://www.law.cornell.edu/wex/civil_law

Stemming from Roman law code, which was codified under Justinian:

Jolowicz, Herbert Felix, and Kiralfy, Alber Roland. “The Law of Justinian.” Reviewed March 26, 2025. Britannica. https://www.britannica.com/topic/Roman-law/The-law-of-Justinian

Later you had the Napoleonic code:

The Editors of Encyclopaedia Britannica. “Napoleonic Code.” Updated April 30, 2025. Britannica. https://www.britannica.com/topic/Napoleonic-Code

We were part of the common law tradition that comes from England:

Legal Information Institute. “Common Law.” Reviewed May 2020. Cornell Law School. https://www.law.cornell.edu/wex/common_law

Even in states where judges are elected:

Ballotpedia. “Judicial Election Methods by State.” https://ballotpedia.org/Judicial_election_methods_by_state

What a negative election is:

National Conference of State Legislatures. “Recall of State Officials.” https://www.ncsl.org/elections-and-campaigns/recall-of-state-officials

Georgia does it that way:

Ballotpedia. “Laws Governing Recall in Georgia.” https://ballotpedia.org/Laws_governing_recall_in_Georgia

The ground zero of law:

National Archives. “The Constitution of the Unites States: A Transcription.” https://www.archives.gov/founding-docs/constitution-transcript

Three-fourths of the state ratifying conventions voted to ratify, and eventually all of them did:

NCC Staff. “The Day the Constitution Was Ratified.” June 21, 2024. National Constitution Center. https://constitutioncenter.org/blog/the-day-the-constitution-was-ratified

The entire“supreme law of the land” quote:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Constitution Annotated. “Article VI.” https://constitution.congress.gov/constitution/article-6/

A little about how it got ratified:

Glover, Lorri. “Nothing Inevitable: The Struggle for Ratification.” Organization of American Historians. https://www.oah.org/tah/the-american-republic/nothing-inevitable-the-struggle-for-ratification/

In case you are unfamiliar with this thing called precedent:

Legal Information Institute. “Precedent.” Reviewed March 2024. Cornell Law School. https://www.law.cornell.edu/wex/precedent

They ruled that somebody shouldn’t be deported from the country:

Martínez-Beltrán, Sergio. “Supreme Court Extends Pause on Deportations Under Alien Enemies Act in Texas.” May 16, 2025. NPR. https://www.npr.org/2025/05/16/g-s1-67244/supreme-court-texas-alien-enemies-act

That’s what you usually think about when you think about judges, the ones under Article III:

United States Courts. “Types of Federal Judges.” https://www.uscourts.gov/about-federal-courts/types-federal-judges

You have to be appointed by the president and confirmed by the senate:

Offices of the United States Attorneys. “Introduction to the Federal Court System.” https://www.justice.gov/usao/justice-101/federal-courts

But then you serve for life:

Lee, Hyungi. “Lifetime Appointments of Federal Judges: A Double-Edged Sword.” November 22, 2024. The Georgetown Journal of Legal Ethics. https://www.law.georgetown.edu/legal-ethics-journal/blog/lifetime-appointments-of-federal-judges-a-double-edged-sword/

That’s happened, like, a handful of times in our history that federal judges have been impeached and expelled by the senate:

Federal Judicial Center. “Impeachments of Federal Judges.” https://www.fjc.gov/history/judges/impeachments-federal-judges

There’s also a provision that says congress can’t mess with your salary:

Legal Information Institute. “28 U.S. Code § 371 - Retirement on salary; retirement in senior status.” Cornell Law School. https://www.law.cornell.edu/uscode/text/28/371

It’s the federal district courts:

Federal Bar Association. “About U.S. Federal Courts.” https://www.fedbar.org/for-the-public/about-u-s-federal-courts/

This is also where interest groups play a role. For a lot of Republican presidents, the Federalist Society:

Haq, Zoya. “How the Federalist Society Shaped America’s Judiciary.” November 4, 2024. Yale News. https://yaledailynews.com/blog/2024/11/04/how-the-federalist-society-shaped-americas-judiciary/

There are interest groups that are relevant to what Democrats want (but they aren’t generally considered as influential):

Mandery, Evan. “Why There’s No Liberal Federalist Society.” January 23, 2019. Politico. https://www.politico.com/magazine/story/2019/01/23/why-theres-no-liberal-federalist-society-224033/

There’s also the American Bar Association:

American Bar Association. “About the Standing Committee on the Federal Judiciary.” https://www.americanbar.org/groups/committees/federal_judiciary/about_us/

A federal magistrate judge, which is a different thing:

Federal Judicial Center. “Magistrate Judgeships.” https://www.fjc.gov/history/judges/magistrate-judgeships

The senate judiciary committee:

U.S. Senate Committee on the Judiciary. https://www.judiciary.senate.gov/about/committee

Whoever the majority leader is, who has a fair amount of power for what happens in the senate:

Wallner, James. “What Makes Senate Leaders So Powerful?” August 1, 2018. LegBranch.org. https://www.legbranch.org/2018-8-1-what-makes-senate-leaders-so-powerful/

Despite Mack’s misgivings, here’s a nice checks and balances diagram:

Ben’s Guide. “Branches of Government [Infographic].” https://bensguide.gpo.gov/images/Branches-of-Government.jpg

If you are not as old as Steve and didn’t get the three ring circus reference:

Schoolhouse Rock. “America – Three Ring Government [Nostalgic cartoon].” YouTube. https://youtu.be/pKSGyiT-o3o?si=SnwUUn9adsc0fYA7

Parliament appointed judges in England:

Courts and Tribunals Judiciary. “Judicial Appointments.” https://www.judiciary.uk/about-the-judiciary/our-justice-system/jud-acc-ind/jud-appts/

Learn a little about infographics (and why they’re very simplified versions of the complete story):

University of Hull. “What is an Infographic?” April 2, 2025. https://libguides.hull.ac.uk/infographics/Introduction

Every Federalist paper is addressed to the people of the state of New York:

Library of Congress. “Full Text of the Federalist Papers.” https://guides.loc.gov/federalist-papers/full-text

Federalist 78, Hamilton makes the argument that having an independent judiciary, it’s not just a choice, it’s essential when you have a constitutional system:

Hamilton, Alexander. “Federalist No. 78.” Library of Congress. https://guides.loc.gov/federalist-papers/text-71-80#s-lg-box-wrapper-25493470

The idea of judicial review:

Tate, C. Neal. “Judicial Review.” Updated May 8, 2025. Britannica. https://www.britannica.com/topic/judicial-review

In Marbury v. Madison:

Urofsky, Melvin I. “Marbury v. Madison.” Updated May 12, 2025. Britannica. https://www.britannica.com/event/Marbury-v-Madison

You have this keystone:

Chicago Architecture Center. “Keystone.” https://www.architecture.org/online-resources/architecture-encyclopedia/keystone

If you didn’t get the Pennsylvania joke:

Bonatesta, Lara. “Why is Pennsylvania Called the Keystone State?” Updated September 27, 2023. ABC27 News. https://www.abc27.com/digital-originals/why-is-pennsylvania-called-the-keystone-state/

That’s more of a column (architectural metaphors are hard):

Chicago Architecture Center. “Column.” https://www.architecture.org/online-resources/architecture-encyclopedia/column

What if the president doesn’t do what the supreme court says? That’s happened before:

Federal Judicial Center. “Executive Enforcement of Judicial Orders.” https://www.fjc.gov/history/administration/executive-enforcement-judicial-orders

A brief history of Andrew Jackson violating the treaties with the Cherokee nation:

Office of the Historian. “Indian Treaties and the Removal Act of 1830.” https://history.state.gov/milestones/1830-1860/indian-treaties

There are a bunch of people right now in an El Salvadorean prison that don’t deserve what they got:

Vega, Cecilia. “U.S. Sent 238 Migrants to Salvadoran Mega-prison; Documents Indicate Most Have No Apparent Criminal Records [Video and transcript].” April 6, 2025. CBS News. https://www.cbsnews.com/news/what-records-show-about-migrants-sent-to-salvadoran-prison-60-minutes-transcript/

The entire quote from Abraham Lincoln:

“If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.”

Address by Abraham Lincoln before the Young Men's Lyceum of Springfield, Illinois as it appeared in the Sangamo Journal, February 3, 1838. Reprinted from Roy P. Basler, ed., The Collected Works of Abraham Lincoln, 8 vols. (New Brunswick, N.J.: Rutgers University Press, 1953), 1:108–115. https://quod.lib.umich.edu/j/jala/2629860.0006.103/--perpetuation-of-our-political-institutions-address?rgn=main;view=fulltext

I was busy over here trying to become the pope:

Tanno, Sophie; Lamb, Christopher; Mortensen, Antonia. “Trump Posts AI Image of Himself as Pope, Leaving Catholics Offended and Unamused as Conclave Nears.” May 4, 2025. CNN. https://www.cnn.com/2025/05/04/world/trump-ai-image-pope-intl-hnk

One example of a district court ruling going against the administration:

Faguy, Ana. “Trump’s Mass Firings to Remain on Hold, Appeals Court Rules.” May 31, 2025. BBC. https://www.bbc.com/news/articles/c071xj4m5gyo

If you want a refresher on due process:

The Editors of the Encyclopaedia Britannica. “Due Process.” Updated May 31, 2025. Britannica. https://www.britannica.com/topic/due-process

A little about Mack’s reference to use of person versus American:

Legal Information Institute. “Amdt5.4.3 Persons.” Cornell Law School. https://www.law.cornell.edu/constitution-conan/amendment-5/persons

There have been some polls in the aftermath of this:

Marquette University. “New Marquette Law School Poll National Survey Finds Strong Support for Authority of Courts in Cases Involving President.” May 22, 2025. https://www.marquette.edu/news-center/2025/law-poll-finds-strong-support-for-authority-of-courts-in-cases-involving-president.php

The one that came out at 1:30 in the morning on a Saturday:

Howe, Amy. “Justices Temporarily Bar Government from Removing Venezuelan Men Under Alien Enemies Act.” April 19, 2025. SCOTUS Blog. https://www.scotusblog.com/2025/04/justices-temporarily-bar-government-from-removing-venezuelan-men-under-alien-enemies-act/

We are seeing that judges aren’t trusting the government anymore:

Tucker, Eric, and Durkin Richer, Alanna. “Justice Department Lawyers Struggle to Win Over Judges in Legal Challenges to Trump’s Agenda.” May 1, 2025. PBS. https://www.pbs.org/newshour/politics/justice-department-lawyers-struggle-to-win-over-judges-in-legal-challenges-to-trumps-agenda

Like, say, the FBI:

Faguy, Ana. “Who is Kash Patel? Trump’s New FBI Director Vows to Shake Up the Agency.” February 20, 2025. BBC. https://www.bbc.com/news/articles/c0rqpp52j5vo

Including the librarian of the Library of Congress:

Italie, Hillel. “Firing, Hiring and a Mystery: The 225-Year-Old Library of Congress has Never Had a Moment Like This.” May 15, 2025. AP News. https://apnews.com/article/library-of-congress-card-history-librarian-firings-83d9e862a68832d8076773a7eb16114f

One version of the Kill Devil cocktail:

https://www.diffordsguide.com/cocktails/recipe/15608/kill-devil

Mack was paraphrasing William Shakespeare. Here’s the entire quote:

“Hell is empty and all the devils are here.”

Not Trader Joe’s:

https://tradervics.com/?srsltid=AfmBOoqCNokq1fsmEggRdLHcpEbE2zyynhFOyVA8w2kwR_f8WvB6rFkb

Not Trader Vic’s:

https://www.traderjoes.com/home

I saw a werewolf drinking a piña colada at Trader Vic’s. (His hair was perfect.):

https://youtu.be/qae25976UgA?si=dKekT62IL8m6fqa7

Pat O’Brian’s in the French Quarter (known for their Hurricanes):

https://patobriens.com/

Café Du Mond in the French Quarter (not known for tea and donut holes):

https://shop.cafedumonde.com/

One version of the Jack Rose cocktail:

https://www.liquor.com/recipes/jack-rose/

If you want to be that guy:

https://www.thespruceeats.com/how-to-make-your-own-grenadine-76029

If you would like to purchase the online game, “Survive the Tyrant”, that Steve is playing:

https://legacy.drivethrurpg.com/product/507744

The underground:

Bisson, T. N., and Blondel, F. P. “The Resistance of France.” Updated May 31, 2025. Britannica. https://www.britannica.com/place/France/The-Resistance

The deep state:

Merriam-Webster. “Deep state.” https://www.merriam-webster.com/dictionary/deep%20state

Remember the popularity of the CIA saboteur handbook:

Central Intelligence Agency. “The Art of Simple Sabotage.” April 1, 2019. https://www.cia.gov/stories/story/the-art-of-simple-sabotage/

Teamster:

Teamsters. “Teamsters and Civil Rights.” https://teamster.org/about/teamster-history/teamsters-and-civil-rights/

When Dobbs was overturned:

Oyez. “Dobbs v. Jackson Women’s Health Organization.” https://www.oyez.org/cases/2021/19-1392

Posts on social media about camping in another state:

Sung, Morgan, and Goggin, Ben. “Post-Roe, ‘Camping’ Has Become Code for Abortions. Activists Say it May Put People at Risk.” June 30, 2022. NBC News. https://www.nbcnews.com/tech/internet/camping-meme-roe-v-wade-abortion-ban-rcna35765

If you would like more information on how you can facilitate camping:

https://abortionfunds.org/

Government cheese caves in Missouri:

The Farmlink Project. “Cheese Caves and Food Surpluses: Why the U.S. Government Currently Stores 1.4 Billion lbs of Cheese.” https://www.farmlinkproject.org/stories-and-features/cheese-caves-and-food-surpluses-why-the-u-s-government-currently-stores-1-4-billion-lbs-of-cheese

When they actually invented fondue:

Zaino, Caitlan. “Tracing Fondue’s Mysterious Origins.” February 12, 2013. BBC. https://www.bbc.com/travel/article/20130212-tracing-fondues-mysterious-origins

In Italy you can go to the parmesan cave:

Japhe, Brad. “Every Cheese Lover Should Visit the Parmesan Cheese Trail in Italy — Here’s How to Do It Right.” Updated May 18, 2023. Travel and Leisure. https://www.travelandleisure.com/trip-ideas/italy-parmesan-cheese-trail-guide

The mozzarella region of Italy is Campania:

Eataly. “The World of Mozzarella.” https://www.eataly.ca/news/mozzarella-varieties/

Rest easy, dear listeners, the government cheese was eventually made into American cheese and distributed to the public:

Roderique-Jones, Anne. “We May Have Solved the Missouri Cheese Cave Mystery.” August 17, 2024. Food and Wine. https://www.foodandwine.com/missouri-cheese-caves-8631084

Kind of like a National Strategic Petroleum Reserve:

U.S. Department of Energy. “SPR Quick Facts.” https://www.energy.gov/ceser/spr-quick-facts

Steve’s right. That’s really cold for a cave. They probably refrigerated the cheese cave:

National Cave and Karst Research Institute. “Cave Environment.” https://nckri.org/caves/cave-environment/

He’s a lovely human being:

https://www.cartercenter.org/about/experts/jimmy_carter.html

The Navy nuclear program when it was run by Rickover:

Atomic Heritage Foundation. “Hyman G. Rickover.” https://ahf.nuclearmuseum.org/ahf/profile/hyman-g-rickover/

Maybe underhanded stuff that the Regan administration did about the hostages in Iran:

Yang, John. “Expert Analyzes New Account of GOP Deal That Used Iran Hostage Crisis for Gain [Video and transcript].” March 19, 2023.

The hub-and-spoke versus the hierarchy thing:

Liddell, Christopher.  “Design a Coherent White House Structure.” 2024. The Miller Center. https://millercenter.org/year-zero-five-year-presidency/design-coherent-white-house-structure

You need the chief of staff as a gate keeper, among other things:

Tsuji, Chinatsu. “White House Chief of Staff.” Reviewed March 12, 2025. Britannica. https://www.britannica.com/topic/White-House-Chief-of-Staff

Congratulations to Shannon and Brian!

Thanks for sponsoring the scotch!

It’s like Napolean crowning himself:

History.com Editors. “Napoleon Crowned Emperor.” March 4, 2010. History.com. https://www.history.com/this-day-in-history/december-2/napoleon-crowned-emperor

VOTE IN LOCAL ELECTIONS! June 7, there’s a mayor runoff in San Antonio:

City of San Antonio. “Mayor and City Council Runoff Election Slated for June 7.” https://www.sa.gov/Directory/News-Releases/Mayor-and-City-Council-Runoff-Election-Slated-for-June-7

Republicans refuse to have town halls with their own constituents:

Sainato, Michael. “Angry Florida Voters Hold ‘Empty Chair’ Town Halls for Absent Republicans.” April 29, 2025. The Guardian. https://www.theguardian.com/us-news/2025/apr/29/empty-chair-town-hall-republicans-florida

How to write a physical letter to congress:

Boston Children’s Museum. “How to Write a Letter to Your Congressperson [Video].” October 20, 2020. YouTube. https://youtu.be/XKiLLQTkHZY?si=kS2LoAWB0Etb-8-P

Steve was paraphrasing Margaret Mead. Here’s the entire quote:

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”

And NPC means “nonplayer character.” But you already knew that.