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| Jerry Pournelle: Constitutional Crisis |
| 2017-02-08 |
| Apparently I am nearly alone in seeing this judicial revolt as a true constitutional crisis, fully deserving impeachments by the House even though Senate convictions are unlikely. I am not arguing the wisdom of Mr. Trump’s immigration executive orders, other than to say they are hardly unexpected given his campaign; but their legality is manifest. Even those disliking them say so. The Constitution gives Federal authorities control over immigration; not states. That’s the Congress and the President; there might be room for judicial mediation if these two branches were in serious dispute on this, but they have not been asked. Black letter law gives the President authority to suspend or delay admitting any class of immigrant he sees fit if he declares it a matter of national security. That law has been in effect for a long time. Mr. Obama used it in reverse to admit migrants and refugees; he did not see them as a threat to national security. That was his prerogative as President, whether we agree or not. A judge could not have ruled that he was wrong. Congress could impeach him, or strip him of the power (although he could veto that legislation; a simple majority ruling would not be sufficient). Neither was done and his rulings stood. The same is true now with Trump: he has black letter law on his side. Mr. Trump does. This decision might be questioned by Congress, but even Congress has no authority to stop his actions without considerable more procedure than we have seen, and as a matter of fact it will not do so. So the President takes an action that his predecessor says is wrong, and the Courts suspend the order, because they do not find that this is a national security issue. That is not for them to find. That is a matter for the President and Congress. This is a grave constitutional crisis, and it does not look like ending well. |
| Posted by:g(r)omgoru |
| #9 Here is how it works. Two, three or more Mexicans will come into the US seeking work. Once they know everything about the business they go back to Mexico to drop off the local radar. They then return to break in and ransack the business. I live in the midwestern US and they're already more brazen than that here. They work by day as landscapers and roofers, and conduct surveilance the entire time they do so. They then return in the middle of the night to steal whatever they can take. A co-worker found all 4 (chrome) rims from his Hummer stolen one night--"paving stones" like those used by landscapers were used to put the Hummer up on blocks. |
| Posted by: Crusader 2017-02-08 22:02 |
| #8 The correct thing to do was to ignore that idiot Judges action. |
| Posted by: newc 2017-02-08 21:24 |
| #7 It sits for life and has achieved non-accountability - in other days, that's call an aristocracy. Otherwise you need to impeach a few every couple of year 'pour encourager les autres'. |
| Posted by: Procopius2k 2017-02-08 21:09 |
| #6 What is the number of judges in Federal Supreme Court? There are currently 874 authorized Article III judgeships: nine on the Supreme Court, 179 on the courts of appeals, nine on the Court of International Trade and 677 for the district courts. United States federal judge - Wikipedia Do we have 874 Judges, or thereabouts, that feel that they have veto power over Executive Branch actions whenever they feel like it? Checks and Balances my rosy red posterior. |
| Posted by: magpie 2017-02-08 18:20 |
| #5 This judge knows that nothing bad will happen to him. The 9th Circus is dragging this out as long as possible before they overturn. This is the Left. This is who they are and what they do. |
| Posted by: Iblis 2017-02-08 14:03 |
| #4 If anyone chooses to look at crime in Southern border states they will see the US as a target of raiding parties of illegal aliens. Here is how it works. Two, three or more Mexicans will come into the US seeking work. Once they know everything about the business they go back to Mexico to drop off the local radar. They then return to break in and ransack the business. |
| Posted by: Nero White 3083 2017-02-08 13:12 |
| #3 For the sake of the security of the American people, on 22 Oct in 1962, President John F. Kennedy announces to the American people that he has ordered a blockade of Cuba in response to the discovery that Soviet missiles were being installed on the island. The President of the United States can order a blockade of an entire county but cannot delay the visas of foreigners wishing to come to the U.S. ? Sorry, the logic escapes me. |
| Posted by: Besoeker 2017-02-08 12:01 |
| #2 I personally see it as a bureaucrat rebellion - the functionaries at INS know perfectly well that these judges overstepped their authority, and their restraining orders have no legal power. |
| Posted by: g(r)omgoru 2017-02-08 11:56 |
| #1 Vox clamantis in deserto. |
| Posted by: Anguper Hupomosing9418 2017-02-08 11:05 |