Posts Tagged ‘Alexander Hamilton’

The Ninth Court Ruling: Of Judicial Activists, Naïve Liberals, Radical Islamists, and Founding Fathers

February 10, 2017

robart-600-ci “Whenever the president finds that the entry of any aliens or any class of aliens into the U.S. would be detrimental to the interests of the United States, he may by proclamation and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants, non-immigrants or impose on the entry of aliens any restrictions that he may deem to be appropriate,”- 8 U.S. Code § 1182 

If you had been out of the country for a while and then came back, you would think that the role of America’s Third Branch of Government, the Judiciary, had changed from ruling on the law of the land to usurping the Constitutionally-granted Authority of the President of the United States of America.

Foxnews.com reports that

A defiant President Donald Trump tweeted “SEE YOU IN COURT” after a San Francisco federal appeals court Thursday upheld the suspension of his controversial immigration order.

He also warned the security of the nation was at stake and said he expected to easily win the case.

Top presidential adviser Kellyanne Conway told Martha MacCallum on “The First 100 Days” that she could not specify if Trump meant he would take it to the Supreme Court, but there were “different options” open to the White House.

She added that the ruling “does not affect the merits at all.”

The panel of three judges on the 9th U.S. Circuit Court of Appeals unanimously refused to reinstate the order after a federal judge had issued a halt to it last week.

But the Justice Department said it is “reviewing the decision and considering its options.” Trump later tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

He also told the White House press pool shortly after the ruling, “it’s a political decision and we’ll see them in court…it is a decision that we will win in my opinion very easily.

Asked how he learned about the decision, Trump replied, “we just saw it, just like you did.”

Trump issued the executive order, which placed a 90-day pause on immigrants from Iraq, Iran, Syria, Yemen, Libya, Somalia and Sudan, on Jan. 27, causing chaos and outrage at airports across the country. The order also imposed a 120-day pause on all refugees, and an indefinite pause on refugees from Syria.

The case was given to the appeals court after a Seattle federal judge last week ordered a halt to Trump’s order. Judge James Robart issued a temporary restraining order after Washington state and Minnesota both sued.

Attorneys from the Justice Department appealed Robart’s ruling, arguing that the president’s executive power gives him the authority to place restrictions on people coming into the country.

However, the court ruling disagreed with that argument:

“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” the court ruled.

Supporters of Trump’s order argue it will help keep America safe from terrorists looking to infiltrate the United States from terror hotspots that often have inadequate vetting procedures. Opponents have argued it is unconstitutional and discriminatory – claiming that it is a “Muslim ban” and that it has harmed individuals and businesses.

The court ruled that the government has not presented “any evidence” of a sufficient national security threat from the seven countries in question.

“…[The] Government has not offered any evidence or even an explanation of how the national security concerns that justified those designations, which triggered visa requirements, can be extrapolated to justify an urgent need for the Executive Order to be immediately reinstated.

The Democratic National Committee called the ruling a “massive blow to the White House.

“Let’s be clear: This is a massive blow to the White House. The court upheld that we do not discriminate based on religion. That is what terrorists do, and what terrorists want us to do,” Interim DNC Chair Donna Brazile said in a statement.

The American Civil Liberties Union also praised the ruling.

“The government’s erratic and chaotic attempts to enforce this unconstitutional ban have taken a tremendous toll on innocent individuals, our country’s values, and our standing in the world,” Omar Jadwat, director of the ACLU’s Immigrants’ Rights Projects, said in a statement. “We will keep fighting this un-American executive order until it is permanently dismantled.”

Senate Minority Leader Chuck Schumer, D-NY, called on Trump to abandon the order entirely.

“President Trump ought to see the handwriting on the wall that his executive order is unconstitutional. He should abandon this proposal, roll up his sleeves and come up with a real, bipartisan plan to keep us safe,” he said.

According to Founding Father Alexander Hamilton, in the following Federalist Paper, Americans have nothing to fear from the Judiciary when they act alone. It’s when they act in concert with others, such as Liberal Politicians in Congress, that Americans need to be afraid.

From The Federalist #78

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 Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power1; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that “there is no liberty, if the power of judging be not separated from the legislative and executive powers.”2 And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments; that as all the effects of such a union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.

Do you think that Hamilton foresaw the rise of Activist Judges, whose sole purpose, working in concert with an out-of-power Political Party, to sabotage a president trying to protect American Citizens?

The great American Economist and Conservative Pundit (who just happens to be Black) Dr. Thomas Sowell, wrote the following in a paper on the subject of Judicial Activism:

The claim that judicial activism is necessary to rescue us from bondage to the past– from having the writers of the Constitution “rule us from the grave”– defies both logic and history. There is no contest between the living and the dead. The contest is between those living individuals who wish to see control of change in judicial hands and those who wish to see it in other hands. There has been no argument that either statutory or constitutional laws are not to change. The only meaningful question is: Who is to change them? The reiterated emphasis on change, like the reiterated emphasis on morality, argues what is not at issue and glides over what is crucially at issue: Why are judges the authorized instrument? The original cognitive meaning of laws– constitutional or statutory– is important, not out of deference to the dead, but because that is the agreed‑upon meaning among the living, until they choose to make an open and explicit change– not have one foisted on them by the verbal sleight-of‑hand of judges.

Existing social philosophies and political alignments cannot be presupposed in discussions of long-run questions, such as constitutional interpretation. Even within the judiciary, differences in “substantive values” have been drastic over time, and by no means negligible even at a given time. The belief that a constitutional structure can be maintained while jurists with radically different visions make “substantive choices” within it seems dangerously similar to a belief that one can slide half-way down a slippery slope. The argument for judicial activism must stand or fall in general and enduring terms, not simply on whether some current political or social creed is considered so superior to competing creeds as to justify judges’ decisions in its favor. It is ultimately not a question of the relative merits of particular political or social creeds but of the long-run consequences of opening the floodgates to the generic principle of constitutional decisions based on “substantive values.” Once you have opened the floodgates, you cannot tell the water where to go.

What must be rejected is precisely the general principle that judges’ “substantive values” should govern constitutional decisions. Nor is anything fundamentally changed by saying that judges are only agents of general moral ideas, rather than their own personal inclinations. If the Constitution does not enact Herbert Spencer’s “”A Theory of Justice”.

This action by the 9th Circuit Court proves that Liberals are more concerned about their politics than they are the safety of our nation.

And, you know what is so stupid about this whole fiasco?

The list of countries which Trump wishes to temporarily suspend immigration from , was originally compiled by the Obama Administration, as a list of countries in which “Radical Islam” (although they probably did not call it, that) is growing exponentially.

And, another thing…I asked a couple of Liberals, when the ruling was announced, if they were taking these refugees into their homes…especially the 20 something year old military-looking ones with cellphones, which were so prevalently seen in the pictures of the “Muslim Migration” that swept across Europe.

Of course, all I received was the sound of crickets in return.

In the past, Liberals have made an art form out of circumventing the will of the American people by taking things before Liberal Judicial Activists.

However, this time is not about allowing two hairy-legged gents to roll around under the sheets together and label it a “marriage” in the name of “love”.

This time, it is about allowing those who want to kill us to come into our Sovereign Nation without being properly vetted.

Neville Chamberlain would be so proud.

Until He Comes,

KJ