Our Constitutional System Of Checks And Balances
Mr. Speaker, the Founding Fathers believed that our constitutional system of checks and balances and separation of powers were the people's primary protection for their liberty, and they saw the usurpation of authority by a single branch…
Mr. Speaker, the Founding Fathers believed that our constitutional system of checks and balances and separation of powers were the people's primary protection for their liberty, and they saw the usurpation of authority by a single branch to be dangerous to the constitutional system.
Now, there has been a focus this weekend on Presidential tweets regarding the courts, and I think this deserves attention. My view is that the President's broadsides against the courts will likely hurt the government's case on appeal, and were, therefore, counterproductive. I would advise to focus on substance rather than on general broadsides.
But I think it is also important to point out and to criticize the substance of the decision that was made by the Federal court in Seattle because that decision represented a departure from the judicial role. The judge in that case exercised his political will, not his legal judgment, which is the antithesis of how Alexander Hamilton described the proper role of the courts in the Federalist Papers.
The judge there--if you read the opinion, it is a cursory opinion-- didn't even attempt to wrestle with the law at issue in the President's executive actions on immigration. The reason why that is important is because the law is very, very clear.
This Congress has enacted a statute, section 1182(f) of the immigration laws that says that the President has the authority to suspend entry of foreign nationals when the President finds that entry would be detrimental to the interests of the U.S. And so that is what was cited. That provision of the law has not been questioned in over 60 years.
The court in Seattle, though, questioned effectively the wisdom of the executive order, not really the legality. And there was a part of the oral argument before the judge issued his temporary retraining order where he said that there hasn't been any terrorism from any foreign national from any of the seven countries that were enumerated from the visa suspension. It is Iran, Iraq, Syria, Somalia, Libya, Sudan. And he said confidently that that had not happened.
Well, that is not true. If you look at just recently, you had the attacker in St. Cloud, Minnesota, September 2016, who was a Somali refugee. You have the Ohio State attacker. That was just 2\1/2\ months ago. He was running people over on campus and wielding a butcher knife going after people. He was a refugee from Somalia.
You had the two Iraqi refugees arrested in Bowling Green, Kentucky. They came as refugees, even though they had been active in fighting and in killing American soldiers and Marines in Iraq.
You also have the case, the Federal case in Houston last year with the conviction of Omar Faraj Saeed Al Hardan. He came as a refugee from Iraq and did get a green card, but he was convicted of material support to ISIS for trying to bomb the shopping malls in Houston, Texas.
So you have this judge who is ignoring the law, ignoring what Congress has enacted, ignoring the President's authority, substituting his own policy judgment, and he is not even right on the facts; doesn't even really know what he is talking about.
Here's the thing, also. Whether there have been attacks or arrests from these countries really is not even relevant to the law at stake. I mean, Bush could have suspended immigration from Saudi Arabia and Egypt in January 2001. People would have been like: Why are you doing that? What's going on?
Well, eventually, obviously you had foreign nationals from that country commit the 9/11 attacks.
The key is, debate the wisdom of the President's policies. That is totally fine, and people are going to have their views on it. But we should not sit here and act like it is normal for a judge to exercise authority to overrule the Congress and the President, when the law is clear, and when you are dealing with an area, in terms of the entry of foreign nationals, that really centers on the national security interests that both the Congress and the President possess.
So our constitutional system requires that the branches exercise the authority properly delegated to them. When the branch, any branch-- Congress, the President, or the courts--departs from their proper roles, that is something that we should acknowledge, and that is something that we should be concerned with.
I have no confidence that the Ninth Circuit is going to reverse it, but I do think that this judge overstepped the judicial role and was, effectively, legislating from the bench. That, ultimately, is not good for the constitutional system and, by extension, the people's liberties.