Sooooo . . . The Courts Say Trump Cannot Carry-Out His Executive Order Travel Restrictions? Fine. Let The Courts Enforce Their Decision!
President Donald Trump would be well advised to look to US History as to how to deal with the rogue US District Court in Washington State, and the rogue US Court of Appeals for the Ninth Circuit. Former President Andrew Jackson utilized a solution with a Rogue Court that is still valid to this day; and all Trump has to do is utter FOUR words . . .
Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.
The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments, stating that the federal government was the sole authority to deal with Indian nations. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.
Chief Justice John Marshall laid out in this opinion that the relationship between the Indian Nations and the United States is that of nations. He argued that the United States, in the character of the federal government, inherited the rights of Great Britain as they were held by that nation. Those rights, he stated, include the sole right to deal with the Indian nations in North America, to the exclusion of any other European power. This did not include the rights of possession to their land or political dominion over their laws. He acknowledged that the exercise of conquest and purchase can give political dominion, but those are in the hands of the federal government, and individual states had no authority in American Indian affairs. Georgia’s statute was therefore invalid.
In a popular quotation that is believed to be apocryphal, President Andrew Jackson reportedly responded:
“John Marshall has made his decision; now let him enforce it!”
The reason Andrew Jackson’s response was so incredible is because it laid bare the utter powerlessness of the federal courts. The federal courts cannot ENFORCE their orders unless the EXECUTIVE BRANCH (i.e. the President and his Justice Department) carry out the Orders!
The US Marshal Service, which is the lead agency in enforcing federal court orders, is part of the US Department of Justice. They work for . . . . the President; not the courts.
Under the law which created the Marshal Service, they must carry out “the lawful orders” of federal courts. All a President has to do is tell his people “this is not a lawful order” and that’s the end. The courts can do nothing else to force their decision upon the President regarding the travel ban.
In my personal opinion, as a natural born American who is herewith exercising my right to freedom of speech, I think President Trump should go on TV and say: “District Court Judge James Robart of Washington state made his decision. The Ninth US Circuit upheld that decision. . . .” (and then Trump need only say these four words:)
“Let them enforce it.“
Then he should shut up and walk away, saying absolutely nothing more.
At that instant, the federal courts would understand they are absolutely, totally, powerless to stop our Presidents’ 100% lawful Travel Ban.
I can say from my personal experience that a large portion of the federal courts are cesspools of corruption. Actual wording of statutes does not matter to these rogues. Actual Supreme Court precedent doesn’t matter either.
It is long overdue that a President clip their wings.