Just a tidbit of this wide-ranging speech:
Let met talk briefly about judges, and then I am going to talk about education and immigration. The issue of judges is not a complex one. It’s just a question of timidity. There is no judicial supremacy. It is an arrogation of the Warren Court in 1958, and has no historic precedent. Jefferson, when asked if there was judicial supremacy said that would be an oligarchy. Lincoln’s First Inaugural, in describing the Dred Scott decision of the Supreme Court—which extended slavery across the whole country, led Lincoln to run, and ultimately led to the Civil War—said we were not going to let a handful of judges redefine the American Constitution. It would be inconceivable.
So what do you do about it? Again, I am trying to embed this in historic fact. This is not theory. This is not ideology. This is fact. In 1802, the Jeffersonians, faced with courts deliberately packed by the Federalists, passed the Judiciary Act of 1802, which abolished over half of all the sitting federal circuit judges. The act didn’t impeach them; it simply said their jobs didn’t exist. They wouldn’t be paid, so they shouldn’t bother to show up. The judges were deeply offended. They promptly went to court, and the remaining federal judges essentially said, if we overrule the Congress, they’re going to abolish our jobs.