It is not a subtle point that the President has the right to restrict immigration. It’s a blatant and undeniable aspect of US law, specifically U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part II › § 1182:
Federal Immigration law section 1182(f): (f) Suspension of entry or imposition of restrictions by President:
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.
(Via Kakistocracy. Here’s a related link at Marketwatch, which if anything has an anti-Trump bias.)
So when any judge “decides” that Trump’s Executive Order on immigration is illegal, that judge is knowingly, brazenly lying.
We need to fundamentally change the judiciary’s role in the U.S. It will be good if Trump simply ignores an illegal ruling from the Supreme Court (should such happen) and orders immigration enforcement personnel to enforce his Executive Order, over the protests of the Court. I have hope Trump will do this if it comes to it.
It will be even better if, in addition to that, we reconstruct the government to make it explicit that the judiciary’s power is limited. However, there’s no way to do this that would be totally unambiguous, as far as I can see.
Therefore, we have to do away with an unelected judiciary. Including at the Supreme Court level.
What we have now is unelected dictators who feel absolutely at liberty to ignore the law, convinced they will never face any negative consequences. The sheer smugness in their blatant flouting of the law! A judge who reads the Constitution and finds a right to homosexual “marriage” in it, is a judge who feels that his position is absolutely secure. The insult to your intelligence is not subtle, or accidental.
Similarly, a judge who reads the passage above on federal immigration law and asserts that it prevents Trump from controlling immigration (!), or reviews the history of the nation’s restrictions on immigration and claims the Founding Fathers intended open borders, is a judge who feels absolutely sure that nothing unpleasant is ever going to happen to him as a result. It is a judge who is giving you a cocky smirk and saying, “What are you going to do about it?”
That question must be answered. And it must be answered sharply and painfully.
You cannot let someone abuse you and then say, to your face, “I can do whatever I want to you, and there’s nothing you can do about it,” without beating them down. It’s an existential issue, because if you don’t beat them down they will think they can do whatever they please to you in the future.
Make no mistake, these rulings are a deliberate shit test. This is the Left consciously testing us to see how far they can push us and get away with it.
What we are faced with now is dictatorship. That’s not a figure of speech; it is the literal state of affairs. There is a word in the English language for a person who
(1) makes law at will, unconstrained by tradition, institutions, or any other limits,
(2) is not elected.
Such a person is a dictator. This is speaking precisely, not rhetorically.
Since we can’t effectively prevent them from making up whatever laws they please, we are going to have to make them accountable to voters. Yes, the Constitution is going to have to be changed. This is not going to happen without… um… significant institutional reconstruction.
But that’s a reform for a little bit of a longer horizon. The immediately important thing is to ignore the “judge’s” ruling. And if this goes to the Supreme Court and the Court defies the law and the Constitution, then Trump and his enforcement apparatus must ignore the Supreme Court.
The DHA and the INS, or whoever enforces immigration law these days, must simply ignore the Supreme Court. And Trump should mobilize the military if that’s necessary.
Yes, we are rapidly heading for a Constitutional crisis. But the Left is seeing how much we’ll put up with, and we’ve put up with so much over the last 50 years that it has now reached the point of them saying, “Let’s see if they’re willing to go all the way to a Constitutional crisis!” Our answer must be “Yes,” otherwise it’s slavery to unelected dictators.
By the way, if the Supreme Court does hand down an open borders ruling, it’s not certain
(1) What Trump will tell the DHS, the INS, and the military to do,
(2) what they’ll do if he points out that the Court’s ruling is illegal and unconstitutional and tells them to ignore it, or
(3) that we’ll win any conflict that will arise out of such a scenario.
However, it’s certain that we’ll be totally defeated if we cave in on immigration, so there’s nothing to lose. This may end in a no-foolin’ shooting civil war. But so be it. Leftists – as the history of the 20th and 21st centuries bears out – have a tendency to get overcocky, which can’t be slapped down with mere words. At some point you have to actually show them, by direct action, that there really are limits to what normal people will let them get away with.