The recent imposition of a restraining order by a federal judge in Seattle, Washington, on the President’s executive order on immigration, has caused great angst among those who support the president’s action to increase vetting of foreign nationals from seven Middle-Eastern countries. In this respect, it is important to assess the implications of this situation within the framework of the American governmental system. The president’s executive order on immigration has solid legal standing, as reflected in the relevant statute below.
8 U.S.C. 1182(f), the President has complete discretion as to barring entry to all aliens or any class of aliens:
“(f) Suspension of entry or imposition of restrictions by 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 non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.”
Ultimately, the federal courts do not have power over the president, as they have no means of enforcing their orders. Only the congress can impose its will on the president, as they hold the power of impeachment and removal from office.
Trump has filed an appeal to the 9th U.S Circuit Court of Appeals, seeking to have the Appellate Court affirm his statutory and constitutional authority. Should they not, the president would have a duty to uphold the authority of the executive branch of government, as a co-equal, sovereign, branch of government, particularly in matters of national security; and the congress would be duty bound to side with the president and not pursue impeachment and removal from office, thereby affirming his constitutional and statutory authority on matters of national security and immigration by aliens.
The problem with the federal courts is that since Andrew Jackson, and Abraham Lincoln, no president has ignored them. Thus, most of our citizens believe that somehow the Supreme Court is the final authority in the country, and sits above the congress, and the president. The courts are the final authority over the citizens; but not over the president, and the congress. That would mean judges are kings in the land.
Judges are not kings in the American system of government. The three branches of government are co-equal, each sovereign, with distinct roles and powers. The constitution is not a pact which requires the country to commit national suicide, by a judge usurping the president’s power to protect the nation. It should be everyone’s hope that this does not culminate in a constitutional crisis, a central conflict over who has power between two constitutional branches of the government, and that the higher courts simply rule that the president has the statutory authority to determine who can transit into the country. (For a complete legal assessment, see the Law Newz article, “On Trial: Why Trump’s Immigration Ban Will Win Over Seattle Judge’s Nationwide Order.”)
In the instance where this conflict escalates, and the president decides to ignore the federal courts, the citizens must intervene and engage by demanding that congress side with the president, and not pursue impeachment and removal, for ignoring the federal courts.
It is most grievous that the nation is in a state of political civil war, and that “We the People” are confronting a liberal-socialist-globalist establishment that is acting to surrender American sovereignty, and change our way of life.
Fortunately, Almighty God in His grace, has provided America a president who will stand and defend American sovereignty at all costs.
By Allen Sutton