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President Trump Should Bypass Courts on the Travel Ban

Article author: 
Daniel Greenfield, Frontpage Mag
Article publisher: 
American Renaissance
Article date: 
June 14, 2017
Article category: 
National News
Medium
Article Body: 

... When President Trump tweeted that his measure to protect Americans from Islamic terror was a “travel ban” and that it should never have been watered down, he was right...

Maybe the Supreme Court will uphold the Constitution. Maybe it won’t. The track record has been decidedly mixed. And this is an area where the courts had no actual right to intervene...

But there can be no doubt whatsoever that President Trump is acting within his legal authority under the Immigration and Nationality Act which grants him the authority to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants” for as long as he thinks it’s necessary..

Immigration is in the hands of Congress and the White House. It is not up to judges to decide who can come to America. Our entire system of immigration “discriminates” based on religion and national origin. It allots visas and refugee status based on national origin and membership in persecuted religious groups. If the judicial coup succeeds, elected officials will lose their authority over immigration.

And that means that the American people will lose all control over immigration.

The implications go far beyond the travel ban.  Judge Derrick Watson, an Obama pal, didn’t just go after the ban, but asserted that he had the authority to decide how many refugees should be allowed in. It’s a short hop and a skip from there to judges deciding that they have the constitutional authority to set the annual number of refugees and immigrants to prevent “discrimination” by the elected branches.

If you want to imagine the end of America, that’s a good place to start...

If this judicial coup is allowed to stand, anything that any White House official or member of Congress says at any time in the past, can and will be used by Federal courts to seize control over any policy...

President Trump isn’t just defending us against Islamic terror. It’s up to him to defend government of the people against two political coups; one that seeks to reverse the results of the election with a manufactured scandal based on a Hillary conspiracy theory and the other that aspires to make elections irrelevant through a judicial ruling class.

A civil war is underway. Trump, like Lincoln, isn’t just fighting an elitist Democrat ruling class embedded in secessionist enclaves of gated communities surrounded by political plantations of minority poor.

Both Republican presidents had to face off in a civil war against judicial supremacy...

Conservatives should continue seeking judges who will respect the Constitution. But truly respecting and protecting the Constitution means rejecting judicial supremacy. And the battle against judicial supremacy can’t be fought and won in the courts. Only the White House can defy the courts...

Lincoln and Jackson defied judicial supremacy by rejecting its illegitimate authority. President Trump must do the same. The travel ban is within his authority. No serious legal challenge has been made to that authority. It is the legality of his motives that has come under constant attack, but the President of the United States is not obligated to justify his motives to a paternal court to exercise his authority.

By ignoring the courts, President Trump will restore respect for his authority, for the separation of powers and for the power of the people to rule themselves...