KLW Commentary – Ambitions of Men in Black Robes
Feb 13, 2017
President Trump issued an executive order on January 27. This order is founded on existing Federal law.
Title 8 U.S.C. § 1182 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.”
The President’s order temporarily interrupts the admittance of foreigners from 7 select countries. The nations identified are known to be unable to identify their own citizens and are further unable to provide suitable background information on any of their passport holders seeking entry to the United States.
The executive order also requires that full and honest reporting by Federal agencies about terrorist activities committed by foreigners inside the United States. This is a transparency requirement to ensure facts, not fake news, are provided to the American people. Further it requires a biometric based, fool-proof, visitor identification system to be completed. This is the tool needed to track every entrant’s arrival and later departure.
Title 8 of the US Code does not restrict the President’s authority to take action. It gives the President the needed authority without qualification. If this President or any President deemed left-handed Lithuanians to be detrimental, they too could be banned for a week or forever. The executive authority is complete and completely clear.
In stepped the 9th US Circuit Court. Federal Judge James Robart of Seattle decided that as a 9th Circuit Federal Judge his view would override the legal authority of the President of the United States. On review of Robarts stay of President Trump’s order, a 3 Judge review panel confirmed Judge Robart’s order. In effect saying the 9th Circuit can in one stroke of the gavel seize executive authority from the President of the United States, the one who applied the authority, and seize legislative authority from the United States Congress, the representative body that created the authority.
This is a double insult to our ways of governance and to the separation of powers.
Unelected judges can not grab power from the legally instituted pillars of government. Doing so creates a constitutional crisis and if not defused quickly may throw this republic into chaos.
Our government has legitimacy only by the consent of the people. The people or more correctly the heirs of the same people who created the law of the land; the US Constitution. If there is one common thread that binds all Americans, left, right or center, it is the essential truth that we are not governed by men but by law. Those laws are borne by the legislative actions of representatives of the people. Those representatives are vetted by the people in frequent date-certain elections. Any representative losing the confidence of the people will be replaced. Any body of laws established without the broad consent of the voters will be removed by their newly elected representatives.
This is how “We the People” govern this country and our own lives.
The actions of the 9th Federal Circuit are an affront to the legal government of this nation and to the American people. These actions, this affront, must be remedied as soon as possible.
The question is far greater and more important than the entry status of passport holders from 7 countries. The question is whether we as a nation in the Great Republic are governed by law or governed by the peculiar nature and dangerous ambitions of men in black robes.
This question must be asked and answered correctly and quickly. For much of our future is in the balance as a United States and a people united in belief that we are a nation of laws.
I’m Kevin Wade and that’s the way I see it.