The honeymoon is over already. Upon accepting the Oath of Office as POTUS 45, Donald Trump hit the ground running with a clear intent to keep every promise that garnered him the people’s trust, against all odds in 2016. The first week included a flurry of Executive actions aimed at enforcing U.S. Laws that the Obama Administration had refused to enforce for eight years. That’s all it took to ignite a full-scale mutiny from establishment stooges on both sides of the partisan aisle and black mask clad anarchists in the streets.
The icing on the cake was a backlash from lawless lawmakers and federal court activists as they worked to thwart Trump’s temporary ban of potential jihadists – from seven countries identified by Obama era intelligence reports as particularly dangerous.
All Immigration and Naturalization Authority
In the enumerated powers of Congress in Article I – Section VIII of the U.S. Constitution, all legal authority and power over the matter of immigration and naturalization to the U.S. is assigned to the U.S. Congress. Not only do the states have no authority over U.S. immigration and naturalization laws, neither do the Executive or Judicial branches of the Federal government.
States and cities in the U.S. that claim or are defacto “sanctuaries” for illegal activities are operating at odds with the law on a matter that enjoys Federal Supremacy. Not all federal laws or policies enjoy legal supremacy. However, Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause. It provides that the “Constitution, and the Laws of the United States … shall be the supreme Law of the Land” when the federal government is exercising any of the powers enumerated in the Constitution. Such laws must prevail over any conflicting or inconsistent exercise of power.
All laws concerning immigration and naturalization to the U.S. as passed by Congress, are powers enumerated in the Constitution and they must prevail over any conflicting or inconsistent state, executive or judicial exercise of power.
Because no one has enforced U.S. immigration and naturalization laws since their last reform in 1986, Trump’s effort to enforce those laws today is meeting with resistance from illegal actors, both illegal members of society and the politicians who need their votes.
But recent acts by the judiciary are particularly offensive and dangerous.
The States have no Standing
Because the power to regulate immigration and naturalization is the sole power of congress in Article I, the Executive and Judicial branches have the same power as the states and cities on the matter… NONE!
The constitutional authority of the Executive branch and Judicial branch is limited to the enforcement of the laws passed by congress. When either the Executive branch, as was the case with the Obama Administration, or Judicial branch, which is the case today, refuse to uphold or enforce existing immigration laws passed by congress, they are not only failing in their Oaths and assigned duties to the people, they are acting out against those laws and the people.
Such acts, whether by a sitting president, the courts, the states or cities, fall under the legal definition of sedition – “Sedition is overt conduct, such as speech and organization, that tends toward insurrection against the established order.”
Certainly, anyone who has taken an Oath to uphold and enforce the U.S. Constitution and the laws of this land and then, refuses to do so, further acting out in a manner to prevent even the Commander-in-Chief from doing so, is guilty of sedition, at the very least. Maybe treason as well!
Inciting the well-organized and funded riots across the country since the election, all on the basis and with the intent of undermining U.S. laws, can easily be defined as aiding and abetting known enemies of the United States with the clear intent to overthrown the U.S. Constitutional Republican form of government… a clear and overt act of treason.
Trump’s Temporary Ban
As Commander-in-Chief with the sole responsibility of protecting the United States against foreign invasion, infiltration or threats to national security at the top of his job description, the POTUS takes an Oath to uphold and enforce the laws passed by Congress, so long as those laws are themselves “constitutional.”
Trump did exactly that upon taking office. The Trump administration announced that it would temporarily bar entry to refugees from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen due to terrorism concerns. Not only are these nations currently engaged in internal wars with known terrorist groups today, numerous terror attacks on U.S. soil over the past eight years have involved immigrants from all of these countries.
For the record, “Muslim is not a nationality.” The ban is not a ban on Muslims, it is a ban on entry to the U.S. from nations known to harbor terrorist organizations with ill intent towards the United States.
The temporary ban concerning seven countries identified by Obama era intelligence reports, is not only within the legal purview of the POTUS, it is his highest obligation under his Oath of Office.
Obama Federal Court Appointee NY
The first effort to thwart the law resulted in the immediate firing of interim Attorney General Sally Yates, who had unconstitutionally issued an order to her Department of Justice “to not enforce the law.”
Only days later, New York US Judge Ann M. Donnelly, appointed by Barack Obama and championed by Democrat Senator Chucky Schumer, issued a ruling in an attempt to block Trump’s Executive action to enforce our laws.
Supported by a few establishment congressional turncoat republicans like McCain, Graham and Ryan, and of course lawless democrats, the old presumption of court authority on the matter was used to foment and incite organized and funded riots across the country. It was a pure partisan political ruling with no real authority over the subject, as Trump was acting within his authority, duties and Oath of office.
Judge Ann M. Donnelly should meet the same end as Sally Yates… as both acted outside of their authority and against the Rule of Law.
Pending Senate confirmation of Sen. Jeff Sessions as the new Attorney General, Dana Boente, US attorney for the Eastern District of Virginia, was sworn in at 9 p.m. ET, per an administration official. A few hours later, Boente issued a statement rescinding Yates’ order, instructing DOJ lawyers to “defend the lawful orders of our President.”
DOJ errors in Appeal
Due to Senate delays in confirming Sessions as Attorney General, the DOJ is left scrambling for a clear direction on critical legal matters involving national security. The result was for the DOJ to waste time and energy engaging in the legal battle over the ban that has netted a lawsuit by sanctuary states Washington, New York and Massachusetts – and now an appeals court ruling from the 9th circuit, none of which have any legal authority on the subject of immigration and naturalization beyond their obligation to uphold and enforce federal laws.
Let me point out that the U.S. Constitution gives the courts NO lawmaking authority whatsoever. Not one single American ever elected even one judge on any federal court. The Constitution does not create an oligarchy of unaccountable and unelected political activists to run our country. The constitutional authority and responsibility of the judicial branch is extremely limited, despite the fact that they have become accustomed to overstepping that authority for decades.
Worst of All
While these gutless legal beagles play games with national security, Trump’s new head of the Department of Homeland Security appears to be taking orders from unelected judges instead of the Commander-in-Chief.
Federal Judge James Robart, a George W. Bush appointee who presides in Seattle, halted the enforcement of Trump’s order Friday night, effective nationwide.
Washington (CNN) “President Donald Trump’s government moved swiftly Saturday to comply with a federal judge’s order halting his travel ban — even as Trump himself denounced the judge — but readied its legal defense of the controversial executive action.
The Department of Homeland Security announced it has suspended all actions to implement the immigration order and will resume standard inspections of travelers as it did prior to the signing of the travel ban. But it said the Justice Department — which is expected to file an emergency motion to stop the order — needed to challenge the ruling “at the earliest possible time.”
“(Trump’s order) is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so,” acting DHS press secretary Gillian Christensen said when announcing the suspension.”
Bordering on Mutiny
General John F. Kelly is a highly-decorated career Marine with extensive leadership experience. No one knows the U.S. chain of command better than General Kelly. Kelly is the newly seated Secretary of the Department of Homeland Security, appointed by President Donald Trump.
“The Department of Homeland Security has a vital mission: to secure the nation from the many threats we face. This requires the dedication of more than 240,000 employees in jobs that range from aviation and border security to emergency response, from cybersecurity analyst to chemical facility inspector. Our duties are wide-ranging, and our goal is clear – keeping America safe.”
As General Kelly well knows, this is also the primary mandate of the Commander-in-Chief, President Trump. He also knows that the order issued by Trump was both legal and necessary to the security of the United States and that the Commander-in-Chief had the full authority to issue that directive.
So, why did General Kelly allow an unelected judicial activist to overrule the Commander-in-Chief by issuing the following DHS directive? (DHS Statement on Compliance with Recent Court Order)
Why is General John Kelly, new Trump Secretary of DHS taking orders from known left-wing judicial activists instead of the Commander-in-Chief? Were any of these judges elected President of the United States? Have all of them taken an oath to uphold and enforce the U.S. Constitution and U.S laws? Does the Department of Homeland Security take orders from unelected judges, or from the POTUS?
When federal courts ordered Barack Hussein Obama to cease and desist in his executive amnesty, he simply ignored those orders and continued his executive amnesty with total immunity. Obama didn’t pay any attention at all to those court opinions… despite the fact that Obama’s order was unlawful and unconstitutional on its face – an overt refusal to enforce federal laws in direct violation of his oath, placing all of America at risk.
Obama totally ignored those court orders and there was no price to pay whatsoever. The same Inspector General who sat silent as Obama ignored court orders to stop his “illegal” executive amnesty, is now looking into Trump’s “legal” temporary vetting ban.
In the end, it all adds up to just how much swamp needs to be drained…
But it also begs the question… Is Trump really up to this task? Does he really have the backbone to fight and defeat these anti-American activists in the courts and congress in order to “drain this swamp?” Do his appointees, like General Kelly and Jeff Sessions, really have what it takes to put these illegal activists in their place and return this country to the Rule of Constitutional Law?
Or, is it all just smoke and mirrors… creating the impression of draining the swamp while allowing the swamp to run roughshod over the Trump Administration and the people, until the people get so fed up that they take matters into their own hands?
Because Trump is moving at light-speed, and so are his enemies, we won’t have to wait long to see the answers to these questions.
Obama had the courage to defy the courts, even as he acted illegally. Does Trump and his team have the courage to defy these activist judges in the name of the law? We will know the answer to this question in days… not weeks.
If Trump and his cabinet are serious about draining this swamp, they must start stomping on heads right away. The political left (including people like McCain, Graham and Ryan) must be shut down. They must be stopped from using activist judges appointed by Obama to thwart Trumps attempts to secure the USA and enforce our laws… or else the notion of draining this swamp is a joke!
The people are hoping and watching. Trump was chosen to lead a Revolution! The people will give him a chance to do that, but not for long…