The
Supreme Court is already packed
By
Matthew G.
Andersson www.americanthinker.com
The
U.S. Supreme Court just ruled that President Trump’s responsibility to American
citizens and national security, must be directly frustrated.
Acting
under the Alien Enemies Act, President Trump accurately characterized
Venezuelan gang members as not only aliens and enemies, but as criminals posing
danger to the country. The Court apparently believes otherwise, and a
majority ruled to pause deportation subject to a purported right of due process
that they invented out of constitutional thin air.
As
usual, two justices alone understand the law, and dissented: Justices Samuel
Alito and Clarence Thomas.
But
what is fascinating is that they appear the only functional legal experts on
the nine-person court.
The
rest seem to prioritize politics.
Perhaps
that is unfair, but if you look at the track record of key legal decisions over
fundamental constitutional interpretation, Alito and Thomas stand out as the
only reliable, mature thinkers who can reason with the Constitution in front of
them.
In
the past, other administrations sought to “pack” the court with more appointees
who could be counted on to toe the line as a unified bloc for partisan
objectives.
It
was a way of converting the Supreme Court into an effective legislature, which
it never can be, of course, but also as a way to illegally frustrate a
functional government by blocking or slowing down actual democratic processes
of representation and consent.
But why add more judges to the Court if you can simply “hive
off” and count on, a simple majority that consistently acts the way you want?
President
Trump is doing his job as president, rightly interpreting the law, and
upholding the Constitution.
The
Chief Justice, and a cooperating wing, are apparently willing to frustrate
executive responsibility, and prioritize illegal alien criminals over U.S.
citizens, freely taking numerous “legal shortcuts.”
The
Venezuelans and other invaders are not U.S. citizens, they are not “Persons” in
the Constitution, and they are not granted any due process, except immediate
deportation which is far more generous treatment than they would get in
most other countries: in some, which the progressive left admires, their acts
could rise to capital punishment.
This
brings up a crucial point in comparative constitutional law: the concept of
comity.
You
don’t hear it discussed much, but it’s central to the underlying nature of the
entire illegal immigrant invasion program that clearly involved organized human
extraction and the “herding” of millions of unknown parties illegally into our
country. The concept of “comity” asks how other countries could allow
this to happen: how did potentially dozens of other sovereign countries,
each with their own constitutions, happen to treat our Constitution with
complete disregard, deliberately undermining it, and international law?
The
doctrine of international comity refers to standards of public international
law, and reciprocity.
Deporting
illegal gang members not only honors that doctrine, but asks their countries of
origin to do the same by facilitating their return.
The recent majority Supreme Court decision not only got our
own Constitution wrong, but got everyone else’s wrong as well. It doesn’t
reflect a full consideration of comparative and international law, which is
relevant for the case before them. Given the limited way we train our
lawyers and judges, that is not unexpected. But it’s a liability: our courts
can work in ways that are against both domestic rules of law, and international
order, by destabilizing both, through legal incompetence.
But this is where it gets interesting, because it reinforces
the legal authority of President Trump’s position on illegal aliens:
The
Comity Clause references Privileges and Immunities in Article Four of the
Constitution: “The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.” Note it says “Citizens.”
Article Four also includes the interstate Extradition Clause.
Since
illegals have neither U.S. citizenship nor U.S. constitutional personhood,
they do not qualify for U.S. interstate rendition or due process. The
only relevant legal action is international extradition to the one state that
controls for their status: the foreign country of origin from where they are
fugitives.
In
the alternative, illegals could be jailed, and under the Thirteenth Amendment,
thereby converted to slavery status as punishment.
That
would be the only path to theoretically invoking the Fourteenth Amendment, for
release from obligation. But since illegals do not qualify for U.S. criminal
due process, the U.S. Patriot Act provides government authority to detain a
non-citizen indefinitely without criminal charge. If the Supreme Court
followed the law, it would stand down and recognize that it has no relevant
jurisdiction. The Executive Office does.
Illegals have a choice: be subject to our Constitution if
they insist, be jailed under expedited special proceeding, and by the
Thirteenth Amendment, put in servitude as punishment; or be put under
indefinite detention by the Patriot Act under national security; or, be
extradited as fugitives from foreign states; or, be graciously deported for
illegal entry, under an international comity standard.
In
economics, these are called tradeoffs.
In
the Constitution, it’s called the law of the land. For judges who can’t follow
it, they may face impeachment. As the current “packed wing” of the SCOTUS
seems determined to protect and harbor foreign criminals, they could then be
subject to the Patriot Act which charges the Justice Department with preventing
terror acts, including those potentially facilitating it.
Illegal
criminal aliens can be characterized under domestic terror standards, and must
be deported. Supreme Court justices that protect them may face impeachment,
loose immunity, and risk liability.