The Framers of the Constitution organized the government of the United States into three branches: Executive, Legislative, and Judiciary. They did this on purpose because they wanted to make sure that the power of government was balanced between the three branches. The government works best when the power stays evenly divided, but the liberals/progressives do not care about balance. They want things done their way. An example of their attempts to get what they want can be found in the recent court decisions on limiting immigration.
President Donald Trump is attempting to close the immigration process to people coming from six nations in the Middle East. The six nations were designated as terrorist spots on a list made by the Obama Administration. President Trump has issued two Executive Orders in his attempt, but liberal judges shot down both of them, claiming constitutional problems. Here are some opinions about the situation.
David Horowitz has an interesting article at Conservative Review titled “Yes, liberals, we can deny entry to any immigrant AND for any reasons.” He starts his article with this statement and then cites sources.
What is happening in the courts right now goes beyond any debate over a “ban” on Muslim immigration. The courts have denuded the president of his plenary power over setting the refugee cap, which Trump applied evenly to every country included in his new executive order. Obviously, all the national security problems we have are from predominantly Muslim countries in the Middle East. But let’s put that aside for a moment. Even if this was a ban on Muslim immigration, it would be legal. That is settled law of a sovereign nation state.
Let’s also ignore political considerations for a moment. From a legal standpoint, a nation can set any criteria for letting in any group of people. Through our elected representatives, we can decide to only bring in people with brown hair. We can shut off immigration to those with green eyes or those who are left-handed. The prudence of such a law would have to be dealt with on a political level. Any legal limitation placed on our sovereignty, by definition, means we are not a sovereign nation and that foreign nationals can forcibly control our destiny. This is a principle deeply rooted in the social compact, the preamble of the Declaration of Independence (governance by consent), and the sovereignty of a nation state. Even one who is politically a supporter of loose immigration laws should be alarmed by courts creating a legal limitation to restricting immigration.
Gregg Jarrett at Fox News says the following in his article titled “Why the law is on Trump’s side with his immigration ban”: “Article 1, Section 8 of the Constitution gives Congress the power to regulate immigration. In 1952, Congress passed a law empowering the president to deny entry into the U.S. to `any class of aliens’ considered to be `detrimental to the interests of the United States.’ In other words, a threat to America and in the interests of national security.”
The President clearly has the authority to shut down immigration from whatever area he believes is a threat to the national security of the United States. The rogue judges are attempting to wrest power from the President of the United States. Are they doing so under direction from Barack Obama? Is Obama attempting a silent coup about the President? Some people think so!
The first order was stopped by a judge in Washington and seconded by the Ninth Circuit Court of Appeals. The second one was stopped by a judge in Hawaii and a judge in Maryland. The case in Hawaii would have to go through the Ninth Circuit Court, but the one in Maryland may have a chance at a fair review at the Fourth Circuit Court of Appeals in Richmond, Virginia. It is possible that a case will end up in the Supreme Court.
I believe that President Trump is holding off going to the Supreme Court until Judge Neil Gorsuch is appointed as an Associate Judge there. As the Court stands now, there is no guarantee that liberal judges would rule according to the Constitution. Trump’s chances will be much better with Judge Gorsuch on the Court.