Once again the media, the parties, and the partisans are playing silly games with national defense and serious constitutional questions This time the contest is over the President's Executive Order calling for vetting for immigrant refugees. Sadly, the federal Court is now involved. Forget the issue of immigration for a moment. Forget all the blah, blah, blah from the High Priests of Progressivism. Forget what the Trump people are saying. Can we stop all the playground bull -- and think, just think.
The Courts are prohibited by the US Constitution from legislating from the bench or legislating at all. They have NO business entering into public policy debates or national security debates that are being worked through according to the Constitution and the US Code. The Office of the President is clearly acting within legal authority on this question of immigration. If the President is outside the Constitution, then the Court needs to so declare and fully explain. If the President lacks statutory authority and is acting out of thin air the Court needs to so explain. The case here is neither of the above. This is pure politics. The Radicals don't like what the President is trying to do so they are attacking the details - not in legislative debate, but in legal filings.
Executive Orders are a bad way to govern. They were bad in the Obama Administration. They are bad in the Trump Administration. If Congress does not like what the President is doing then they have two options, according to law:
1) They can override the EO by passing a law. When the President vetoes that law, Congress then overrides the veto.
2) Congress can begin debating on Articles of Impeachment for a President that is breaking the law.
Trying to stop Executive Orders, especially in the arena of national defense and immigration law, by using the Courts is extremely dangerous. Courts that engage in policy debates, whether it is John Roberts re-writing Obamacare from the bench, or the 9th Circuit Court tearing apart Presidential action on national security, are WAY outside the boundaries and intent set in Article III of the Constitution.
A judge, or Court drunk with the power of challenging the Congress or the President is a dangerous thing. The message it sends is that NOTHING is legal until a Judge says so. This is the exact opposite of how this system is supposed to work. This form of judicial usurpation will turn the American system upside down. This overreach of power is a disease. It is dangerous, most of all because it tells voters that they have NO representative form of government that cannot be vetoed by mad judges. And when the people no longer believe their votes count, or that the laws are applied within constitutional restraints, then we are walking into an extreme danger zone.