Judicial Supremacy Is A Poison Destroying America’s Constitutional Order
Shawn Fleetwood Visit on Twitter @ShawnFleetwood
The Constitution gives the authority to execute the nation’s laws to the president — not to the judiciary.
If the average American were asked to point to the section of the U.S. Constitution granting the Supreme Court authority to execute immigration laws, chances are he would have a tough time finding it. Why? Because such a power doesn’t exist.
That pertinent fact didn’t seem to matter to seven justices on America’s highest court, however.
This past weekend, these justices took it upon themselves to usurp President Trump’s Article II powers over immigration enforcement by temporarily halting the planned deportations of dangerous Venezuelan gang members under the Alien Enemies Act. Released in the early hours of Saturday morning, the court’s one-page order arbitrarily directed the administration “not to remove any member of the putative class of detainees from the United States until further order of this Court.”
The order provided no rationale for the decision, prompting Associate Justice Samuel Alito to pen a blistering dissent, in which Associate Justice Clarence Thomas joined. In addition to chastising the majority for “hastily and prematurely” granting emergency relief in a case still working its way through the lower courts, Alito laid out a bulleted list of everything wrong with the high court’s “unprecedented and legally questionable” actions. He notably wrote, “It is not clear that the Court had jurisdiction” over the matter, and, “Both the Executive and the Judiciary have an obligation to follow the law” (emphasis added).
While the merits of this case and other leftist-backed challenges to Trump’s immigration policies have yet to be considered by SCOTUS, the absurdity of the majority’s midnight order in the broader context of illegal immigration into the United States is notable.
For four years under Joe Biden, millions of foreign nationals were allowed to pour into America’s interior with little to no oversight or pushback. While hordes of illegals came across the U.S.-Mexico border, the Biden administration facilitated the placement of foreign nationals throughout the country in places like Springfield, Ohio, upending countless American lives in the process.