[“Buffoonery” is not too strong a word for the two Federal District Court judges who think they have the power to dictate immigration policy to the President of the United States]
Departing from Precedent… and Common Sense
More than a century ago, the Supreme Court stated the common sense of the matter as it was understood by every American since the founding:
It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe. [Ekiu v. U.S., 142 U.S. 651, 659 (1892).]
Some half-century later, the court made another commonsensical statement of the necessary consequences of sovereignty:
The exclusion of aliens is a fundamental act of sovereignty. The right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation. . . . When Congress prescribes a procedure concerning the admissibility of aliens, it is not dealing alone with a legislative power. It is implementing an inherent executive power. Thus the decision to admit or to exclude an alien may be lawfully placed with the President, who may in turn delegate the carrying out of this function to a responsible executive of the sovereign. [Knauff v. Shaughnessy, 338 U.S. 537, 542-543 (1950)]
Accordingly, the Immigration and Nationality Act of 1952 granted broad latitude to the 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.
This language is remarkable for the fact that it does not contain any limits or qualifications on the president’s discretion. Until the recent decisions enjoining President Trump’s executive orders, case law by and large, has supported the president’s broad authority to act under this provision. Until now, courts have always recognized that the President’s power over national security and foreign policy is extensive, deriving from inherent powers embodied in Article II of the Constitution and powers delegated by Congress. Courts almost always defer to the executive in these two areas.
Who would have thought one the greatest threats to the Rule of Law that is the basis of any civilized country would come from those whose sworn oath is to protect it? But then, that is always the evil to be guarded against. Montesquieu warned, “Experience has shown that every man who holds power tends to abuse it. He will proceed until he finds the limits.”
A couple of rogue judges need to be shown the limits. The post at American Greatness succinctly explicates the buffoonery and dishonesty of Judge Watson in Hawaii: The Hawaii case produced a thoroughly dishonest decision exposing progressive “post-constitutionalism” for the absurdity that it is.
Read the whole thing.