Reforming the Judicial Priesthood
by RONALD R. CHERRY, MD
February 13, 2017
President Donald Trump's recent Executive Order regarding immigration is authorized by Federal Law. The 9th Federal Circuit Court of Appeal's recent order restraining President Trump's immigration order is in violation of both the Federal Law and the US Constitution; President Trump is therefore duty bound to ignore it and explain this to the American people. Under the US Constitution the Judicial Branch does not have jurisdiction over the Executive Branch unless the Executive Branch acts against the US Constitution or Federal Law in pursuance thereof, thus the 9th Federal Circuit Court's decision is null and void on its face since it directly obstructs President Trump's exercise of the Immigration and Nationality Act of 1952, and thus violates the US Constitution since the INA is a Federal Law in pursuance thereof.
"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." Immigration and Nationality Act, 1952.
Ordinary Americans have enough intelligence and common sense to understand this law, written in plain English, because its meaning is self-evident and does not require explanation by lawyers or judges.
"Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense." Thomas Jefferson
"If you state a moral case [or a law] to a plowman and a professor [or a judge], the farmer will decide it as well, and often better, because he has not been led astray by any artificial rules." Thomas Jefferson
No American Judge, including those on the Supreme Court, may lawfully order an injunction or restraining order against a President's order if that Executive order is authorized by the US Constitution, or by Federal (Congressional) Law in pursuance thereof, because that is the Supreme Law of the Land which all judges must obey and not obstruct. Judicial violation or obstruction of our Supreme Law is judicial tyranny, a treasonous obstruction of American justice at the highest level. No American Judge or Court should be viewed as an infallible priesthood. President Trump and Congress are duty bound to be a check on the 9th Federal Circuit Court which is in violation of Federal Law and the US Constitution. Congress should consider closing down this dangerous, power-usurping, law-violating court.
"The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that." John Adams
The Judiciary must back down when they act against the US Constitution or Federal law in pursuance thereof, as is the case here. The same holds true for the President and Congress - when Executive orders violate the US Constitution the President must back down - when Federal Law violates the US Constitution the Legislature must back down. There is no complicated legal issue here to resolve; the Immigration and Nationality Act of 1952 gives President Trump the authority to restrict immigration as he deems necessary to protect the people of the United States. Face the truth, the 9th Federal Circuit Court is playing partisan politics, these Federal Judges are in political opposition to the President of the United States.
As Thomas Jefferson noted, the Courts are not final adjudicators of the US Constitution, or Federal Laws in pursuance thereof. The Executive and Legislative branches have their say as well.
"You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy... It [the US Constitution] has more wisely made all the departments co-equal and co-sovereign within themselves." Thomas Jefferson
If the President does not ignore Constitution violating courts, or Congress abolish them, it falls to the States to nullify their outlaw decisions and orders.
"The course & scope of the reasoning [1798 Virginia Resolution] requires that by the rightful authority to interpose [nullify] in the cases & for the purposes referred to, was meant, not the authority of the States singly & separately, but their authority as the parties to the Constitution., the authority which, in fact, made the Constitution; the authority which being paramount to the Constitution was paramount to the authorities constituted by it, to the Judiciary as well as the other authorities [Congress and President]. The resolution derives the asserted right of interposition [nullification] for arresting the progress of usurpations by the Federal Government from the fact that its powers were limited to the grant made by the States [US Constitution]... The mode of their interposition [nullification], in extraordinary cases, is left by the Resolution to the parties [States] themselves...in the event of usurpations of power not remediable under the forms and by the means provided by the Constitution [Article V Amendment]... It is sometimes asked in what mode the States could interpose [nullify] in their collective character as parties to the Constitution against usurped power. It was not necessary for the object & reasoning of the resolutions & report that the mode should be pointed out. It was sufficient to shew that the authority to interpose [nullify] existed, and was a resort beyond that of the Supreme Court of the U. S. or any authority derived from the Constitution [Congress and President]." James Madison - 1834 Notes on Nullification
Additionally, Constitutional Amendment 28 is long overdue. It should include, among other things, the following sections:
Section 1. Term limits for Congress (shorter) and the Supreme Court (longer)
Section 2. Federal and Supreme Court decisions shall be revoked by Congress with 2/3 or greater vote in both houses
Section 3. The State legislatures in 3/4 majority or greater, the authority which in fact made the Constitution, shall have the power to revoke Federal and Supreme Court decisions, Federal Law, and Presidential executive orders outside the scope of military Commander-in-Chief
With such an amendment We the People can take back rightful control of the Federal Government, and thus take back rightful control of our own destiny.
Ronald R. Cherry M.D. practices medicine as a pulmonologist and also writes for American Thinker and Right Side News.