Are We A Sovereign Nation?

Are We A Sovereign Nation?

Derrick K. Watson, District of Hawaii Federal Judge, recently issued a 43-page opinion establishing a Temporary Restraining Order on President Trump’s second executive order restricting certain people entering the United States from six failed nations. The nations were selected by President Obama as representing high risks to the safety of American citizens. Of primary concern, is the inability to reliably identify the person’s birthplace, their criminal history, and their involvement in terrorism.
 
Since the 1400’s, the image of the blindfolded Lady Liberty has symbolized that true justice is be meted out objectively under the law, without favor of identity, money, or power. Judge Watson apparently used a crystal ball to see beyond the executive order to impute some intention, and ignored the law and the words. 
 
Title 8 §1182 (f) of the U.S. Code states:
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States 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 or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

There are grave issues set up by Watson’s TRO. 

1. President Trump is entirely inside the law. This is the same statute used by Jimmy Carter to round up and deport Iranians.

2. The President does not need a court or Congress to exercise this power under the statute.

3. The TRO’s did mention the statute, but only to say Trump “exceeded authority” However, no proof was presented.

4. The TRO’s cited statements made by Trump during the campaign, before the election, AS THOUGH THIS IS POLICY. The judges determined, without any evidence, that Trump’s EO was discriminatory to a certain religion. 

5. The U.S. Constitution does not apply to non-citizens living in foreign countries. 

6. If a District Judge can stay a lawful, Constitutional EO, how about if a President wanted to send in troops somewhere to protect U.S. interests and a judge didn’t like that?

Either the United State is a sovereign nation with effective borders and the rule of law, or we are a banana republic. When rogue, politicized judges base rulings on political ideology or imputed intentions, rather than on the facts and the law, we are little better than third-world. While defying the judge’s corrupt order is appealing, two wrongs do not make a right. If our President defies the court, as Jackson did Marshall and Obama did with oil in the Gulf of Mexico, it would not be helpful. Appointing judges who would behave as badly in the opposite political direction would be equally as deleterious. We are better than that. Perhaps the process of removing political-hack Federal judges should be eased to increase impartiality and accountability.

Posted on 27 Mar 2017, 10:58 - Category: State We're In

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