Monday, February 6, 2017

Jerry Pournelle on the Usurping Judge

From: Jerry Pournelle's Chaos Manor [link]:

A Federal Judge in Washington is trying to say that Trump’s executive orders regarding restricting immigration are not constitutional, and the need to suppress them is so urgent that he has issued a judicial order. This judicial order seems to me to be unconstitutional on its face, because he says that he finds that Trump’s finding of a threat to national security is not his finding, and is not in accord with the historical record since 0/11 2001. 
This is sufficient judicial activism that I think it warrants a Bill of Impeachment by the House; there is little likelihood that the Senate would convict, but the impeachment would send a clear message. Whatever the scope of the Federal Judicial Branch it does not extend to finding of facts about foreign affairs; if there is one thing clear in constitutional law, it is that the President controls foreign policy and foreign affairs in general. Judges generally don’t find facts anyway; juries do that. 
If the executive orders applied to US citizens., the courts could claim some jurisdiction under the constitution; but the President is in charge of who may and may not enter the United States absent relevant legislation: and the relevant legislation, black letter law, gives what amounts to absolute discretion to the President over non-citizen immigrants, specifically mentioning exclusion by country of origin. This appears to be a clear case of a judge saying that what he wants the law to be is in fact the law; it is an unconstitutional act, and deserves impeachment, if only for the encouragement of other judges. I doubt it will happen, but were I a representative I should certainly introduce such a Bill. I doubt it would pass, but I strongly believe in separation of powers, and Judges do not exist to protect non-citizens from being treated as threats to national security, That is the President’s job.
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I agree. Anybody in Congress gutsy enough to start impeachment?
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Quibcag: I know the quote isn't relevant, but I wanted some Pournelle quote for this. I found the Roman soldier girl on the net.

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