Bottom Line: The Left understand something very well(1): if they’re ever actually honest about their intentions, they lose elections. They’ve learned this over and over and over and over again. So, they’ve invested heavily in the judiciary, where they’ve shown themselves to be quite willing to rule the land through corrupt, undemocratic means. If the President allows this to stand, then he’ll doom American democracy, and leave the country at the mercy of a ruling élite cabal of corrupt, undemocratic, anti-democratic judges.
They made it plain. The Left, that is. They’re going to do whatever they can to bog down the Trump Administration in a blizzard of lawsuits that will simply slow Trump’s agenda to a crawl, or bring it to a standstill altogether.
See, eg, President Trump’s Travel Ban Executive Order. First of all, the one thing the travel ban obviously is not is a “muslim travel ban.” Plainly. Therefore, the media — fully on the side of the Left — call it a “muslim travel ban.” And in never calling it anything but a “muslim travel ban,” — the one thing it is not — they sufficiently muddy up any conversation about the Executive Order, that they deflect the debate into the irrelevant.
Now the Left know something: they know that Leftists are riddled throughout the American Judicial System. Like trichina worms, they’ve burrowed deep into the tissues of the judiciary so that anyone can find any judge anywhere to block anything on any pretext whatsoever.
Yes, a judge in Hawaii has blocked, on so-called “constitutional grounds,” the second travel ban that Trump ordered. What are those constitutional grounds, you might ask? Well, since the countries targeted by the travel ban are “muslim-majority countries,” the travel ban “disfavors one religious group” and that, say the opponents of the ban, is unconstitutional.
Nope. It’s not. And this confirms what I said above, and you should read it well: anyone can find any judge anywhere to block anything on any pretext whatsoever.(2)
Here’s why Trump’s travel ban (actually both travel bans) is, plainly, not unconstitutional: For something to be “unconstitutional,” it must affect someone who actually has American constitutional rights. There are only two groups of people who have American constitutional rights: (1) American citizens, and (2) non-American citizens on American soil. Even this second group of people enjoy fewer constitutional rights than actual American citizens.
However, the point is: people overseas have no American constitutional rights whatsoever. None. The President can ban them from entering the country on the flimsiest of grounds. And, especially, the President can ban them from entering the country on grounds that he could not apply to American citizens. For example: because he doesn’t like their religion. Or their skin color, or their eye color, or the sound of their voice, or the things they say, or the cut of their jib, or the way they spell their name, or because it’s Tuesday.
Why? Because foreigners have no American constitutional rights. They may have scads of rights granted to them by the country of which they’re actually citizens, but they then have the right to appeal American actions only to that country, not to any legal authorities in the United States.(3)
Unless, that is, you can find an idiot judge who’s either sufficiently corrupt to invent constitutional grounds for usurping Presidential authority, or too stupid to see that he’s doing it.
As mentioned above, the American judiciary is so riddled with such judges, or, if you prefer: corrupt, stupid, leftist (but I repeat myself) judges, that you can always find such an idiot to rule any way you wish. If he gets overturned, so what! It can take years to overturn such rulings, and the vast majority of them never make it even to an Appellate Court, much less the Supreme Court. The corrupt ruling stays in place; the damage is done.
The Left understand something: if they’re ever actually honest about their intentions, they lose elections. They’ve learned this over and over and over and over again. So, they’ve invested heavily in the judiciary, where they’ve shown themselves to be quite willing to rule the land through corrupt, undemocratic means. If the President allows this to stand, then he’ll doom American democracy, and leave the country at the mercy of a ruling élite cabal of corrupt, undemocratic, anti-democratic judges.
The strategy is simple: Bury a fairly clear issue in a blizzard of irrelevant, false, misleading, rhetoric; then find any one of thousands of corrupt judges they’ve placed in the judicial system to say that their codswallop arguments are judicially sound, in the hope that the ruling will stand all the way to the Supreme Court.
The President must make it clear — all the way to the Supreme Court — that the judge in Hawaii, and the judges in Oregon and Maryland have way over-stepped their bounds and trampled on the separation of powers that’s vital to the survival of American democracy.
(1) Hence the tsunami from the Left of weasel words, euphemisms, deflections and evasions from the actual meaning of issues. Abortion is “choice,” and “reproductive rights,” and “women’s health.” Taxes are “investments.” Racial discrimination is “Affirmative Action.” Islamic terrorism is “man-caused disasters,” or “work-place violence.” Wars are “overseas contingency operations,” and so on…
(2) Hence the highly effective strategy on the part of the Left to bog everything down in the courts. You, truly, ain’t seen nothin’ yet. It’s only just begun.
(3) This is why the simple truth that anyone can find any judge anywhere to block anything on any pretext whatsoever is so important. This truth is pretty well known, but it’s also known that it’s really not a good thing. It’s a sign of deep-rooted corruption.
There’s a well-known expression in the legal system: “a grand jury would ‘indict a ham sandwich,’ if that’s what you wanted” (link) It’s also well–understood that that is not a good thing. It’s an indication and indictment of corruption in the legal system.
What all this means is that even though foreigners on foreign soil enjoy no American constitutional rights, the Left know they can quite easily find a corrupt judge somewhere who will grant them such non-existent rights, and thereby bring something to a screeching halt. Like a Travel Ban. It’s only just begun.