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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 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.
Some American families suffered great losses as a result of Biden’s open border policies. Illegal aliens who never should have been allowed to set foot in the U.S. to begin with took the lives of young girls like Laken Riley and Jocelyn Nungaray.
And yet, when Trump attempts to reverse this anarchy by lawfully utilizing his Article II powers and existing statutes to remove foreign nationals infringing upon America’s sovereignty, the courts interfere and tell him he can’t. That is patently absurd and illogical.
For one, the Constitution gives the authority to execute the nation’s laws to the president — not to the Supreme Court or any other lower court judge.
Secondly, the notion that the judiciary is “supreme” to the other branches directly contradicts the views of the Founding Fathers. As The Federalist’s John Daniel Davidson recently explained, the founders “didn’t think the judiciary was the sole arbiter of what is and is not constitutional.” “While the courts, headed by the Supreme Court, indeed have an independent power to interpret and apply the Constitution,” Davidson wrote, “that doesn’t mean they are supreme over the other two branches, or the states for that matter.”
Alexander Hamilton even suggested in The Federalist No. 78 that the judiciary is to be considered the weakest of the three branches, as it “has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever.”