So I am sure that headline has some people cursing me and throwing things, but I ask you put down the bottle read a bit, and if you still hate the idea, well comments are on aisle 7.
So tell me if you have heard this, the President issues and EO on amnesty for 5 million criminal immigrants, 26 states sued, and got Federal Judge Andrew Hanen to issue an injunction stopping it from proceeding until the suit could be settled. Great. But honestly does anyone feel satisfied? Better yet, does anyone feel confident that future appeals from the DOJ won’t win and have this re-instated? There is the problem. Once it starts running, how do you un-ring the bell.
Once applications are accepted, approved and legal documentation given to illegals, how do you walk that back as Congress or the next POTUS. I’m not saying they can’t I am saying that they won’t.
So here is my plan. Change the way lawsuits between the branches of government work. Now this would primarily be a further check on the Executive Branch, but I’ll explain more of that in a minute.
POTUS issues an EO or a memorandum as was the case with the amnesty. Congress feels it encroaches on their power. In the case of Immigration the Constitution is pretty clear
“Congress shall have the power to establish an uniform Rule of Naturalization” Article 1 Sec. 8
In my plan Congress would state that encroached upon their powers, a brief would be sent to the Supreme Court directly. If the brief was sent on Monday, the arguments would be Friday. When dealing with these issues they are pretty cut and dry. The Constitution is pretty black and white on separation of powers. A decision would be handed down within 14 days.
There is no reason for any longer than that. Anyone that tells you otherwise is lying to you. This is simple. Read the Constitution, no other document matters when it comes to Separation of Powers of our co-equal branches of government.
If SCOTUS decides that POTUS overstepped his bounds the EO or memo is squashed and goes no farther. If SCOTUS decides the President is within his rights, then Congress can still pass laws to change it. See how that all works together?
Now problem solved right? Well maybe not. See there are two political problems. This could be viewed as a way for Congress to abdicate more of their power, only this time to the Judicial branch. Personally I would see this as a use of a second branch to retain their powers. Secondly this would probably make Justice confirmations and nominations that much more political.
Now comes the truly scary part. 43% of Dems, 19% of Republicans, and 33% of indies believe POTUS should be allowed to disregard legal decisions if he “felt it was important enough”.
Seriously? Are you &*@$ing kidding me? Even more sad is that those numbers will change depending on the letter in the White House at the time.
We no longer apparently care about the Republic of the people, we care about the parties we agree with. And then have the gall to wonder how we got in this position.