In my opinion President Trump can ignore the 9th Circuit Court of Appeals ruling in regards to his executive order on the travel ban. There are plenty of prestigious names out there that agree with me on this. Although, the 9th Circuit may have some argument in regards to immigrants that already reside in America, the Law concerning Trump’s power in this area is clear. Trump’s power here is absolute and chiseled in stone. The Judicial branch has no review powers unless a Constitutional issue is involved, and it does not exist here. Non-citizens have no U.S. Constitutional Rights in this area, and citizens that have not yet ever entered America have no Constitutional rights what-so-ever.
The are two problems present with this ruling: 1. This ruling sets a precedent for the Judicial branch that is even more dangerous than rulings like Abortion and Gay Marriage. For example, legal authorities have argued that Abortion and Gay Marriage were rights established externally, or outside of the Constitution. In other words, these now widely recognized rights, were created outside the areas in the Constitution that really had nothing to do with our rights therein. No matter what you think about Judicial over-reach concerning Abortion or Gay marriage is besides the point, because now the Judicial bar has been raised even higher in my opinion. Two Courts have not just created law in the case of the travel ban denial, they have ignored clear, concise written law, and halted an action taken by a duly elected President following that clear, concise, written law. The Courts have just established that they believe (maybe not all Judges) that they have the authority to halt any lawful act or law, as long as they write a vague treatment explaining their actions. 2. The other problem with this Court’s ruling is that it was issued in an already volatile political environment, making it even more difficult for Trump to exercise his right under the Constitutional doctrine involving the Separation of Powers. If President Trump was to ignore the courts at this point, it might increase violence all across America. On the other hand, if Trump ignores this order, it could create an atmosphere where the foundation of our Republic is at grave risk!
These four Judges, in two different Courts, have created in my opinion, a situation that protects no one’s rights, threatens the rights of all Americans, and all of the future rights of anyone wanting to enter this Country in the future. They have weakened the very fabric of what America is, and what we represent. Therefore, they have weakened a foundation that is already in danger of cracking, they have in fact, dropped a mountain of disarray upon the very Foundation of American Constitutional law. It is an absolute outrage that more Judges on the right, and especially the left, are not coming out against this ruling for the very reasons I have outlined here. These rulings are dangerous, irresponsible, and clearly ideological. In fact, if you research all the elements of the definition, the word Seditious Behavior might very well apply to these Judges. Since President Trump took power, there have not only been protests, but violence all over this nation. There has not only been free speech practiced across America, but threats and innuendo regarding hostile actions against this administration. Now, suddenly, four Judges decide to undermine clear and concise written law governing the President’s clear authority over a Presidential Sovereign Act. Are these Judges promoting more defiance toward government authority, and possibly setting up an atmosphere of more rebellion and violence within the ranks of the left in this nation?
I think legal experts should be asking all of these questions and commentators everywhere should be sounding the alarm here.
I understand President Trump is considering a new executive order if my information is valid. If so, than perhaps he will issue it only for those that have yet to enter the Country. It will be interesting to see if any Court reverses any such new order.
THE SUPREME COURT:
President Trump may intend to ride this train of injustice all the way to the Supreme Court, after and if, a collective group of Judges hear his arguments at the 9th Circuit Court of Appeals, but he should let this ride to the very end of the track, so American voters can clearly see where ideology is corrupting the law. Progressives are extremely dangerous, and the evidence clearly shows that their progressive ideology Trumps all written law, including the Constitution of the United States. If the Supreme Court is divided Even-Steven over this executive order now in play, that will be further proof that ideology is overcoming the laws of our land, and the highest ones at that. People always seem to think singular leaders are the only possible threats to our Constitution, but groups and other powers can trample our rights as well. I believe we are seeing this on display now. The Supreme Court needs to stand for written law and the clear interpretation of such, doing anything else threatens this republic. This should not be about President Donald Trump, this is about the futures of our children and their children, and coming together to uphold the importance of written law, so that future generations enjoy sure footing upon a solid American Foundation.
Mark Damon