Another Judicial Overreach?
On Oct. 31, 2025, KTLA5 News in Los Angeles reported, “Two federal judges ruled nearly simultaneously on Friday that President Donald Trump’s administration must continue to pay for SNAP, the nation’s biggest food aid program, using emergency reserve funds during the government shutdown.”
When a coincidence is described as “nearly simultaneously,” this is not a coincidence. Federal Judges in Massachusetts and Rhode Island are from two separate states. They “simultaneously” ordered the President to fund SNAP partially or in full for November.
Are either of those federal orders constitutional?
The U.S. Constitution, Article II, Section 1 says, “The executive Power shall be vested in a President of the United States of America.” The word vested means “held completely, permanently, and inalienably.”
The President holds the executive power to carry out the duties of his office completely. This power is held permanently and inalienably.
As you have been learning, the limitations of a district judge are confined to their district. A district is a division of territory marked off for judicial purposes. I suggest these two judicial orders are unconstitutional.
Article I, Section 9 has the answer: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.“
The clear and simple language of the U.S. Constitution means a president can’t spend funds allocated by an Act of Congress for one program on another program.
The opinions and edicts of the federal judges are not the Supreme Law of the Land. A judicial opinion or order is only effective if it complies with the supremacy clause of Article VI. This clause clearly omits judicial opinions. I quote the law:
“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.“
The Separation of Powers
Why do we have the separation of powers? Our Founding Fathers did not trust human governments.
Alexander Hamilton authored The Federalist No. 78. In his article, Hamilton stated:
“Whoever attentively considers the different departments of power must perceive, that in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the LEAST DANGEROUS to the political rights of the constitution; because it will be least in a capacity to annoy or injure them.“
The federal judiciary, intended to be the “least dangerous,” has become the most dangerous to our republican form of government. prescribed by Article IV, Section 4 of the Constitution.
The three branches of the federal government are not equal in power. The highest human authority in our country is We, the People. Second is the Legislative Branch, third is the Executive Branch, and fourth is the Judicial Branch. The most elementary way to understand an organization’s hierarchy of authority: the person who can fire you is your superior. We, the People, hire all elected officeholders. We, the People, fire elected officeholders through regular elections. Congress can impeach and remove from office the President and errant judges.
John White
Rockwall, Texas
John N. White 