I hope this is hyperbole. Right now I don’t think it is.
President Trump signed an executive order on immigration. It was stupid, dangerous, unpopular and very likely unconstitutional. This ban is unlikely to make us safer, and kept out people with valid visas and green cards who are assets to our nation and who in many cases served our nation overseas.
That’s not the bad part. Executive orders are often met with outrage from the opposition. They are often challenged in court, which this was. Federal judges have ordered stays on significant portions of the order while it is litigated.
That’s normal. That the way the government is supposed to work. Congress can pass any law it wants. The President can issue an executive order he wants. But we are, at the most basic level, a nation of laws, and it is up to the Judicial branch to make sure that all these orders pass muster and don’t actually violate existing law, the basis of which is the US Constitution.
This is normal. Clinton, Bush, Obama all had executive orders challenged in court. All had enforcement of those orders stayed while they were litigated, and some were slapped down/ this is fundamental to the whole idea of separation of powers. Congress passes fell good laws to appease the electorate, the President uses the Executive Order to perform end runs around congressional opposition, because they want to get things done. It is the job of the courts to be referees to this.
That’s why the Federal Courts are made up of judges appointed for life terms. They are not beholden to the changing whims of the voters. They can’t be cleaned out by every new administration to serve as a rubber stamp. We have judges serving who were appointed by Reagan, both Bushes, Clinton and Obama. This provides for a branch of government that will take the long, stable view of the law and the Constitution.
So far, so good.
Except for the response of Homeland Security officials and the administration. As of this morning, DHS officials are defying court orders to admit legal counsel to those being held.
Now, when the Executive Branch decides it is no longer bound by the Judicial, we cease to be a Republic.
That, by any definition, is a dictatorship.
It’s not a word I throw around lightly. Both parties have been too quick to call Presidents of the opposition dictators.
But when you think you can issue an order, and ignore the legal checks and balances the motherfucking Constitution has empowered the other branches with…
Well, if the jackboot fits…