NY District Judge Issues Emergency Order Removing Secretary Of Treasury & Other Actions - Where Is Constitutional Authority To Do So?

Article posted with permission from the author, Suzanne Hamner

What in the world is it when people who are in positions that supposedly rely on knowledge of the Constitution for the united States of America have no knowledge of said Constitution? Or, is it they do have knowledge but choose to ignore the authorities and limitations upon government the Constitution contains? Moreover, those who are to enforce the Constitution, the people, are just as ignorant of its tenets or if they are knowledgeable of its limitations on government, choose to ignore those limits in favor of jersey politics.

Manhattan-based district federal judge Paul Engelmayer, in response to lawsuit brought by the attorney generals of New Jersey, New York, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Minnesota, Nevada, Rhode Island, and Vermont, “has just removed Secretary of Treasury Scott Bessent from his authority over the Treasury Department; blocked any political appointee from accessing records within the Treasury Department; blocked any ‘special appointee’ of President Trump from records within Treasury; and demanded that all information previously extracted be destroyed.” The emergency ruling against the Trump administration, determined by Engelmayer without any input from the current administration, is in effect until February 14, 2025, when U. S. District Judge Jeanette A. Vargas will hear full arguments from both sides in the lawsuit.

The lawsuit by the aforementioned States, all filed in New York, seeks to block access of information by Elon Musk and the Department of Government Efficiency (DOGE) that would “reveal how activist groups in their states have been funded by the U.S. government.” In other words, Engelmayer’s order blocks government department appointees from being granted access to Treasury Department payment and data systems and blocks “special government employees and government employees detailed from an agency outside the Treasury Department” from accessing those same systems.

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In other words, this judge barred government agencies from auditing government agencies, removed a Senate-confirmed appointee, and ordered that only “civil servants” with a need to access to perform their jobs, having passed all background checks and security clearances, be allowed access.

Where is the constitutional authority for this district federal judge to “order” any of these actions? According to Article III, Section 2, the Supreme Court holds original (trial) jurisdiction in “all cases affecting Ambassadors, other public ministers and consuls; and, those in which a State is a party.” The authority for this judge to even entertain this case in a district court is nowhere to be found in the Constitution. Therefore, his order is nugatory. The actions of the judge fall under the “high crimes and misdemeanors” terms for impeachment.

Moreover, this judge has no authority to remove a presidential appointee. Article II, Section 4 of the Constitution for the united States of America states, “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” [Emphasis Mine]. The category of “high crimes and misdemeanors” is very broad. Who holds the authorized power of impeachment? Article I, Section 2, clause 5 places authority for the power of impeachment to reside in the House of Representatives. The Senate is authorized the power to try all impeachments (Article I, Section 3, clause 6).

Trump, through his creation of the Department of Government Efficiency (DOGE), violated the Constitution because Article II does not grant the president the authority to create any government office or department. The president has limited authority to engage in any action. Article II, Sections 2 and 3 enumerate the constitutional authority of the president. Where is the authority to create a “new” department or office? Nowhere. Isn’t this an impeachable offense under “high crimes and misdemeanors”? Yes, it is.

How many times has average Joe America been told by the gatekeepers of the “justice system” one has to have “standing” and demonstrate injury to bring forth a “legal” case? Plenty. The States certainly do have “standing” to engage in suits against the federal government, but that case falls under the original jurisdiction (trial) of the Supreme Court. Moreover, the States did not even claim “injury or harm”. According to The Last Refuge quoting from msn.com, “The lawsuit said Musk and his team could disrupt federal funding for health clinics, preschools, climate initiatives, and other programs, and that Republican President Donald Trump could use the information to further his political agenda.” [Emphasis Mine] The issue wasn’t that DOGE disrupted unconstitutional funding of the programs, but it “could”. The States attorneys general also claimed DOGE’s access to those systems posed “huge cybersecurity risks that put vast amounts of funding for the States and their residents in peril.”

No one has seemed to care about the cybersecurity risk to any State resident by the federal government collecting massive amounts of personal data and storing that data in computers, which, by the way, have been hacked numerous times, exposing the sensitive data of Americans (addresses, phone numbers, social security numbers, etc.) to identity theft. It seems that was just the cost of doing business. Why is it a concern by these States now?

These States are trying to prevent exposure of a money laundering and kickback scheme to “preferred” entities, while diverting attention away from something else. Nothing more, nothing less.

Government spending should be transparent and reportable to the people. WE THE PEOPLE created the governments and have the authority to know what money is being spent and where in our name. According to Article I, Section 9, clause 7 of the Constitution for the united States of America, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

Those expenditures authorized by the Constitution for the united States of America are as follows:

· The Census (Art. I, §2, cl. 3)

· Publishing the Journals of the House and Senate (Art. I, §5, cl. 3)

· Salaries of Senators and Representatives (Art. I, § 6, cl. 1)

· Salaries of civil officers of the United States (Art. I, §6, cl. 2 & Art. II, §1, cl. 7)

· Pay the Debts (Art. I, §8, cl. 1 & Art. VI, cl.1)

· Pay tax collectors (Art. I, §8, cl.1)

· Regulate commerce with foreign Nations, among the several States, and with Indian Tribes (Art. I, §8, cl.3)

· Immigration office (Art. I, §8, cl.4)

· The mint (Art. I, §8, cl. 5)

· Attorney General to handle the small amount of authorized federal litigation involving the national government e.g., Art. I, §8, cls. 6 & 10)

· Post offices & post roads (Art. I, §8, cl. 7)

· Patent & copyright office (Art. I, §8, cl. 8)

· Federal courts (Art. I, §8, cl. 9 & Art. III, §1)

· Military and Citizens’ Militia (Art. I, §8, cls. 11-16)

· Since Congress has general legislative authority over the federal enclaves listed in Art. I, §8, next to last clause, Congress has broad spending authority over the tiny geographical areas listed in this clause.

· The President’s entertainment expenses for foreign dignitaries (Art. II, §3); and

· Since Congress had general legislative authority over the Western Territory before it was broken up into States, Congress could appropriate funds for the US Marshalls, federal judges, and the like for that Territory (Art. IV, §3, cl. 2).

Spending on anything else is unconstitutional, government over-reach, a usurpation, and should be ceased. A few examples are USAID; Department of Government Efficiency; National Institute of Health; Department of Health and Human Services; Department of Education; Department of Energy; Department of Transportation; Department of Homeland Security; Department of Agriculture; Food and Drug Administration; Internal Revenue Service; Bureau of Alcohol, Tobacco, and Firearms; Centers for Disease Control and Prevention; and a host of others.

How much easier would things be if all levels of government and branches adhered to the Constitution for the united States of America? Unfortunately, we have allowed government at all levels and branches to violate the Constitution with impunity, which has led to where we are today. The federal government behemoth in Washington, DC, is beyond reformation. Until the people understand this little caveat, the behemoth will continue to grow and usurp power, exacting control over what it can as long as the people tolerate the unconstitutional actions. There are too many entrenched “selected” bureaucrats, unelected bureaucrats and civil servants intent on keeping the “status quo” to truly bring it back to “heel” within four years using an unconstitutional Department of Government Efficiency (DOGE). This is a feel-good initiative to appease the people while the federal behemoth engages in further overreach and usurpation with the complicity of the States. The government waste and inefficiency lies in the continued existence of unconstitutional agencies, unconstitutional spending and government overreach.

The actions of District Judge Paul Engelmayer are unlawful and unconstitutional, just like the action of Trump in forming DOGE and the formation of other unconstitutional agencies by Congress and other presidents. This judge knows it and so do all the attorneys general participating in this sham of a lawsuit.

It is long past time for the people to demand accountability for what has been done and seek justice against the perpetrators. We have to stop clamoring for whatever bones the out-of-control behemoth in Washington, DC throws our way. And, we have to stop begging the behemoth for the bones. At the very least, we should demand all civil servants adhere to the Constitution. The ideal would be for the people to repent, follow Christ and God’s law, and know the Constitution and its true intent and meaning found in the Federalist Papers. Only then can the people demand the same from our servants. When they do not adhere to the standard, the people then should initiate action to remove them. It is only through the exacting of justice upon the wicked will we be able to preserve our values and principles.

Article posted with permission from Sons of Liberty Media