Stemming the Tide

Stemming the Tide

Article II, Section 2:2 “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States…”

In pursuit of his duties, the President of the United States assumes many roles. The most important, however, is that of Commander in Chief, charged with the protection of America’s borders, and the maintenance of her national security. This is the chief end of foreign policy. It is a duty written into the United States Constitution with clear intent, and no quibbling: Mr. President, keep us safe.

The political Left in this country seems to have rediscovered the concept of constitutionality with President Trump’s limited halt on refugee immigration from seven Middle Eastern, terror-prone states. (Rest assured, this fascination will soon pass.) Arguing that it comprises a ‘religious test’ — and that such a test is unconstitutional — liberals have sided with Washington state district court judge James Robart, who unilaterally and illegally stayed the President’s executive order. Judge Robart, a liberal expansionist appointed during the Bush administration failed to cite the law in his decision, and through his wilful obstructionism now stands between the American people and the defense of their country. May the consequences fall squarely upon him.

There is no doubt that the President’s temporary halt is lawful. Not only does it sit entirely within his jurisdiction as Commander in Chief, the Congress voted him the powers to restrict dangerous immigration. This is not politics. Section 8 (f) of the U.S. Code covering immigration law reads:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

John Adams famously wrote that the United States has a “government of laws and not of men.” He might have substituted “feelings” for “men.” But legality and constitutionality do not, despite the protests of the Left, matter to those who would do the nation harm (see the protests aimed at making America “ungovernable”). In this, liberals share much in common with overseas bombmakers and jihadis: when the end is destruction, the means matter little.

Digging somewhat deeper reveals a more fundamental question. Is a religious test on immigrants or refugees legal, or not? The original Constitution makes reference to religion only once, in Article VI:

“...no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

The word “office” is not a tricky one. It’s meaning is entirely one-dimensional, absent of obscure half-truths and arcane hidden meanings tying it indefensibly to immigration. No, it is entirely clear what the Constitution says: our candidates for federal elected office will not be held to a test of their Protestantism, or Catholicism, their Baptist credentials, or Episcopalian sympathies. Candidates for state offices, on the other hand, may be subject to those tests. That is very much in their purview. Immigrants, too, may be subject to such questions and many others, if the federal government sees fit to administer them — and it does. The U.S. citizenship test asks many such questions of would-be Americans in order to determine if they are fit to join our republic’s citizenry. We vet refugees on why they are fleeing their homelands, and what cause they have for coming to America. These are simple, straightforward concepts which nevertheless send the progressive Left into conniptions.

It is Judge Robart’s job to uphold the law, not to make policy. His sidelining of statutory law stands at odds with the legal system he studied to be a part of, and it is an ugly thing indeed. Every country has a right to defend and define the security of its borders. No alien has a legal right to immigrate to the United States. Even so, the President’s ‘ban’ is, in reality, a 90-day pause from seven countries — hardly constituting a Muslim immigration ban, which would be well within his purview, anyway. Let the Commander in Chief do his job, Judge Robart; and start doing yours. 


Follow this author on Twitter: @tasciovanus

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