RIGHT Thing; WRONG Reason

scotus 2018

The United States Supreme Court (scotus) rendered a decision today which in effect sanctioned an executive order from the President of the United States. The rationale for the decision was essentially that fundamentally  the order was not repugnant to the U.S. Constitution.

However, President Trump has no reason to do an end zone chicken dance, because what scotus did was preserve the prevailing misconception that it has jurisdiction over the executive branch and power over the President of the United States; it does not.

While in office, the President of the United States is not above the law, but he is outside the jurisdiction of the judicial branch. As long as he operates within the laws passed by congress and signed into law, or otherwise enacted as provided in the Constitution, courts have no constitutional authority to intercede or interfere in his operation of the executive branch; which is the real reason scotus declined to further contest the order. It certainly must have considered that inasmuch as Trump had no intention of capitulating, it would just be a matter of time before he asserted his power notwithstanding the court, and scotus would finally have to concede the constitutional limits of its power.

Courts do not have the constitutional authority to order any agency of the executive branch to act contrary the directives of the President.

The supremacy of scotus resides solely within the judicial branch; it is not the supreme government authority; nor is it the nation’s conscience or moral authority.  “Case law” is an esoteric term and judicial review is a myth. The US Constitution makes no provision for courts to be involved in the legislative process. In fact, the dissent of scotus member Sonia Sotomayor raises serious questions as to her competency to adjudicate in accordance with the law; which is her constitutional duty. Particularly her allusion that some inferred “principle” should take precedent over the clearly stated precept of Article II of the Constitution; which vests all executive power in the President of the United States.

Clearly Sotomayor not only misapprehends her constitutional role, but also the US Constitution itself.

Trump got the right result but for the wrong reason; and until he rebukes the courts’ assertion that they have any jurisdiction over the operation of the executive branch he will not be able to “Make American Great Again”.

 

 

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