Sunday, January 29, 2017
Don't Be Shocked By The DHS
I understand SIC has put up a portrait of Andrew "Genocide" Jackson in the Oval Office. So it should come as no surprise that DHS has responded in Jacksonian fashion. And really, it's one thing I don't disagree with Andy about:
The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.
So we keep pressure on every lever we can, including through protest and direct action. Because that is, in fact, how our Republic works.
Except POTUS, whoever he is, can't decide what is and is not allowed under the Constitution and the laws of the land without regard to court rulings. No, the courts cannot, and never can, direct the executive or the legislature: that is the "balance" on their "check" as to what the Constitution allows, and doesn't allow. The Courts can't direct the executive to take actions; but it can tell the executive when it's actions violate the laws of the land, supreme of which is the Constitution.
So Trump can't suspend the due process rights of immigrants in this country simply because of national origin or, as his is reported preference, religion. After all, if "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof," and the states can't do it either, through the 14th Amendment, there's not some giant loophole that allows the POTUS to establish law by executive order in violation of the First, or the 14th (which applies to persons, not to citizens, as some (present company excepted, but to be thorough) seem to think).
And if the POTUS thinks he can do that, then we need the courts to be able to tell him otherwise, since Congress might not get around to it for donkey's years.
Posted by: Rmj | Jan 29, 2017 5:08:18 PM
That's ostensibly where the Free Press and a Free People are supposed to come in.
Posted by: NTodd | Jan 29, 2017 6:34:44 PM
I still prefer the power of a court order, even if some CPB agents won't acknowledge it, over the power of the Free Press and the Free People.
Court orders are much more effective at ending unlawful detentions.
Posted by: Rmj | Jan 29, 2017 9:05:17 PM
I find having my own squad of commandos is more effective.
Posted by: NTodd | Jan 29, 2017 10:23:28 PM