Blog/Rule of Law
Posted Jun 27, 2018 by Martin Armstrong
The Supreme Court upheld Trump’s Travel Ban, which is absolutely correct under the executive powers. This illustrates the entire problem in law. If you try to get cute and challenge absolutely every little thing, you may very well lose the war and the battle. Trump’s original Travel Ban was temporary pending a review by the State Department. Fighting that simple temporary order has turned it into 17 months of really just trying to score points against Trump that were pointless. Now they are worried under this decision Trump can ban any country with just offering an explanation that there is a national security issue or a public safety like banning anyone from Salvadore because that is where the gangs are coming from. The very countries that were listed were the same ones that Obama had blacklisted and nobody said a word. Trump put a ban on travel from those same countries PENDING a review rather than a PERMANENT ban, which he now can do.
The ACLU I had written to many times concerning deporting fathers who were not Americans for non-violent crimes like bouncing a check who was married to an American and had several American children. They NEVER once EVER replied and to this day I will NEVER donate a single dime for they are also turning political. They NEVER sought to help anyone who really needed support when it counted. The American law will split families on the drop of a dime if a noncitizen parent does anything! Lee Gelernt, an attorney with the ACLU who has been battling Trump’s travel ban in federal court, said that Trump could now ban any country: “I think that anything is possible with this administration.” Curious how they would NEVER defend people for the very same issue during the Clinton and Obama Administrations. Obama deported MORE PEOPLE than any American President in history. Nobody said one word!!!!!
Part of that decision overruled the more notorious decision next to Dred Scot. The Supreme Court Tuesday overruled the 1944 decision allowing internment of 120,000 Japanese Americans. In Korematsu v. United States, the court ruled 6-3 on December 18th, 1944, that the U.S. government had the RIGHT to exclude and detain 120,000 Japanese Americans during World War II because of national security concerns. The ruling truly horrified all civil libertarians and legal scholars at the time. It was subsequently ranked up there with the Dred Scott decision that upheld slavery and set the USA on the course of Civil War.
“As President, I have often said that I have no greater responsibility than protecting the American people,” wrote President Obama in the new “National Strategy for Counterterrorism”
As wise men have always said; be very careful what you wish for. Constitutionally, Trump was correct. Now the President can clearly ban people from any country. I suppose that is better than imprioning them as FDR did to the Japanese.
Constitution Article II
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years….
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.