Wednesday, March 20, 2019

Where’s the Congressional Outrage Over JUDICIAL POWER GRABS?

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Can the courts do no wrong?
It’s understandable why members of Congress would be upset with a general trend of presidents legislating from the White House, whether through emergency or non-emergency powers. What is not understandable is why these same members who complain about abuse of executive power don’t utter a word, much less take action, against more severe, systemic, harmful, and irrevocable power grabs by the unelected and completely unaccountable judiciary branch of government.
Today’s debate over disapproving Trump’s reprogramming of $2.6 billion in DOD funding for construction of a border fence under the declaration of an emergency is a sideshow. As I’ve noted before, with the courts ruling that the Constitution applies to 7.8 billion people, mostly outside our country, we no longer have a border, so a border wall is moot until that is fixed. Moreover, the entire discussion over executive power grabs, while in general a worthy discussion, is also a distraction from the real source of the constitutional crisis over violation of powers, particularly when it comes to the border.
Why are we in this predicament to begin with? We have a flow of hundreds of thousands of Central Americans invading our border, being brought in on our dime, who are impossible to deport under almost every circumstance. It all starts and ends with the courts. We have empowered the lower courts as the sole and final arbiter of every aspect of border and interior immigration enforcement, the one area of law into which even the Supreme Court of the infamous Warren era never ventured.
Moreover, the courts are not just illegally attempting to thwart Trump’s executive actions. They are invalidating immigration statutes nearly every week, violating rules of standing in order to serve as both a legislature and presidential veto, and are now ignoring congressional laws regulating the type of immigration appeals courts can hear. The Ninth Circuit last week nullified a statute that passed the Senate by voice vote in 1996 dealing with two of the most plenary powers of Congress – immigration and regulating jurisdiction of the courts. Where is the outrage?
Read the rest from Daniel Horowitz HERE.

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