9th Circuit Appellate Justices Richard Clifton, Michelle Friedland, and William Canby.
Justin Smith reasoning demonstrates the hypocrisy and idiocy of the American Left’s rabid reaction to President Trump temporarily banning immigration and refugees from seven nations that Islamic terrorism is a hotbed of death.
The 9th Court Usurps Power!
By Justin O. Smith
Sent 2/13/2017 7:19 AM
President Trump doesn't need to issue any new travel ban order, that may or may not please the anti-American activist judges of the 9th Circuit Court of Appeal or other supporters of Islam and Sharia law (see Justice Elena Kagan's tenure at Harvard University), open borders and international communism in the Supreme Court and within America's own population. His original order was well within the U.S. Constitution and the law, and, in order to stop this current intrusion on the President’s authority in areas of foreign policy and national security, a usurpation of power and a judicial coup d’état, President Trump should defy the 9th Court and set to work with the Republican majority and any agreeable Democrats to limit the Supreme Court's jurisdiction under Article III, Section 2 of the Constitution and reclaim stolen legislative powers for Congress.
It has universally been acknowledged for over 230 years that the President, the United States Commander-in-Chief, has broad authority and great leeway in all matters of immigration and foreign policy and national security [Judge Napolitano & NRO], which places the recent ruling of leftist activist judges Michelle Friedland (Obama appointee) and William Canby Jr. (Carter appointee) on par with an act of treason. These two judges are so willing to give President Trump a political black eye, allowing Trump's "Muslim ban" campaign statements to be used in the evaluation of his executive order, that they have ignored the law, circumvented the Constitution and violated the separation of powers clause between coequal branches of government; and, they have blatantly dismissed the reality of refugees, who can't prove who they are and whether or not they have any ties to Islamic terrorist groups, while allowing district judge James Robart, another leftist activist judge (notwithstanding being a Bush appointee), to absurdly overrule the President of the United States on border security during wartime.
There is not any manner of violation against the U.S. Constitution and the 1965 Immigration Act in President Trump's travel ban. Trump isn't discriminating against anyone, but rather, he is looking at seven nations from a security threat assessment, which were already determined to be state sponsors of terror by former President Obama and his advisors, addressed in Section 1187 (a) (12) of an Obama-era provision of the immigration law.
And also in his executive order, President Trump expressly cites 1182 (f), enacted in 1952, which states: "Whenever the President finds that the entry of any aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such time as he may deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants ... ". [Blog Editor: bold-italics is Editor’s]
In 1893, America was detaining approximately 20 percent of all hopeful immigrants reaching Ellis Island, due to sickness and disabilities, and anarchists and the insane were automatically rejected [Blog Editor: History.com point 4- Immigrants were subject to physical and mental exams to ensure they were fit for admittance to the United States]. About two percent of these immigrants were judged unfit to become U.S. citizens and sent home on the next ship. By the 1920s, our government established quotas based on nationality and skill. And the majority of Americans have always understood that just like anyone has the right to decide who enters their home, so too, our nation has that same sovereign right.
No "moral obligation" to these refugees exists that can compel us to allow them to enter without knowing for certain who they are. The moral obligation to open our doors, often mentioned by the Leftists and International Communists, doesn't mean America must throw reason and caution to the wind.
People who do not share our values -- Islamofascists seeking to reach America's shores and murder Americans -- and anti-American "refugees" seeking to transform America into a Balkanized hell are not welcome here.
Why weren't all of these anti-American leftist judges evoking Emma Lazarus and Lady Liberty lifting her lamp "beside the golden door" when President Clinton sent little 6 year old Elian Gonzalez back to a communist dictatorship in Cuba, under the executive branch's broad power? Or when President Obama turned away real refugees fleeing Castro's oppression "yearning to breathe free"? [Blog Editor: See Also Breitbart & 100% Fed Up]
America doesn't have to destroy its cultural identity by helping foreigners, but this is precisely what Democrat commie bastards such as President Johnson and Senator Ted Kennedy intended to accomplish through the 1965 Immigration Act. This one law has eroded our cultural identity severely and created extremely detrimental demographic changes over time. And most recently, former President Obama specifically brought in one million immigrants from Muslim majority countries like Kosovo, Somalia, Yemen, Afghanistan and Pakistan, even though these countries were the origin of terrorists that have already attacked America.
Many of America's "progressive" Leftists consider the destruction of America, as we know it, to be a desirable goal, however, most Americans reject their fundamental change. Americans who love this country want a strong America, that will be able to defeat the dangerous ideologies currently threatening Western Civilization.
Rebuke the disingenuous pious progressives who decry those of us supporting the President’s executive order as anti-immigrant and issue flowery utterances on sanctuary, when sanctuary is for the truly persecuted innocents, like the Christians in the Middle East. Exercising our first responsibility to protect ourselves and Our Beloved America bears no shame.
Senator Tom Cotton (R-Ala) stated that Trump's executive order was "plainly legal" under both statute and the Constitution, adding: "No foreigner has a constitutional right to enter the United States and courts ought not second-guess sensitive national security decisions of the President. This misguided ruling is from the 9th Circuit, the most notoriously left-wing court in America and the most reversed court at the Supreme Court.
Representative Mo Brooks (R-Ala) said, "Unfortunately, American lives are at risk until this unfounded and reckless [9th Court restraining] order is reversed by the Supreme Court."
How can Americans trust unreliable and corrupt courts with our national security? The Supreme Court ruled Obamacare to be both constitutional and a tax, after Obama called it a "penalty" for years. The courts have overturned the will of 'We the People' in numerous referendums and centuries of traditions and hundreds of state and federal laws, so that they could manufacture non-existent rights to abortion and deviant, perverse homosexual "marriage" [coupling], rights that cannot and never will be found in Madison's Constitution.
Judges and justices are not empowered by the Constitution to make U.S. law or govern the nation. Those duties fall solely to Congress and the President.
Pat Buchanan observed on February 10th that President Andrew Jackson defied Chief Justice John Marshall's "prohibition" against moving the Cherokee Indians across the Mississippi and to the western frontier. He also noted President Lincoln considered sending U.S. troops to arrest Chief Justice Roger Taney, when Taney declared Lincoln's suspension of habeas corpus unconstitutional.
President Trump must simply defy U.S. District Judge Robart's overly broad and illegal restraining order, upheld by the 9th Circuit Court of Appeal. He must order Homeland Security and his State Department and Justice Department to continue executing his executive order which is in accordance with the U.S. Constitution and existing law, because his act is a rare and righteous moment in this war against terrorism, the Islamofascists, the Radical Left of America and the International Communists, who seek our demise. And a Constitutional crisis is much preferred over more murdered innocent Americans.
By Justin O. Smith
Edited by John R. Houk
Text embraced by brackets and source links are by the Editor.
© Justin O. Smith