Chicago Mayor Rahm Emanuel is in desperate need of a distraction from his unfavorability in Chicago, so in standard political style Emanuel launches a ludicrous attack against a White House; that is loathed by media; with a ridiculous premise he knows media will exploit.
Just as the federal government will withhold federal highway funds from any state that lowers its legal drinking age below 21 years old, it can withhold public safety funds from any state whose law enforcement practices are inconsistent with or antithetical to federal law.
Inadvertently, Emanuel has given United States Attorney General Jeff Sessions a unique opportunity to begin to restore the separation of powers. The US Constitution states that, “The executive Power shall be vested in a President of the United States of America.”; which means that neither congress nor any court in America has constitutional authority to dictate the operation of any component of the executive branch of the federal government; convoluted allegations of constitutional violations notwithstanding.
No precept of the US Constitution empowers the judiciary to expand its powers beyond those enumerated in Article III of the Constitution and The Judiciary Act of 1789 ; nor award remedies not codified in law. No precept of the Constitution or US law provides for the judiciary to amend, repeal or otherwise alter any duly enacted legislation; or compel or prohibit a member of the executive branch to perform or not perform their official duties contrary to the orders of the executive, a.k.a., the President of the United States.
Attorney General Sessions was ill-advisedly obsequious to the court concerning the President’s travel ban; because it implied the court had valid authority to usurp the President. Sessions must demand that the court cite the portion of the US Constitution which gives it jurisdiction over the executive branch and specifies remedies available to the court.
Inasmuch as no such precept or provision exist, Sessions should move that Emanuel’s suit be rejected on the grounds that his allegations have no founding in law and the court lacks the requisite jurisdiction to entertain the suit.
If Attorney General Sessions asserts the power of the executive he will be an invaluable asset to the President’s effort to make America great again.