Article III and Trump's Immigration E.O.

[M]

Reprinted with permission of author Oren Long;

I know President Trump's Immigration Executive Order is "old news", but I have been trying to get someone to listen ever since Trump first issued his E.O. and Federal District Courts first struck it down.   I have written and emailed Congress, radio talk show hosts, the White House, and even the Office of Presidential Legal Counsel, all to no avail.   When we consider that 97% of 2016 campaign contributions from the Justice Department went to Hillary and only 3% went to Trump, it becomes painfully apparent that the Justice Department itself, including the Office of Presidential Legal Counsel, is part of the anti-Trump crowd.   In other words, they already know what I am about to tell you, but they do not want the President to know.

In posting this information it is my hope that someone, somehow, can get it to the President and/or his inner circle.   There HAS to be a way!

Article III, Section Two, Paragraph Two, Sentence One of the Constitution states, "In all cases affecting Ambassadors, other public Ministers and Consuls, AND THOSE IN WHICH A STATE MAY BE PARTY (emphasis added), the Supreme Court shall have ORIGINAL JURISDICTION (emphasis added)".

Since the States of Maryland, Washington, and Hawaii, through their Attorneys General, filed the original suit against the President's Executive Order, they became "Party" to the suit.   Ergo, by Constitutional mandate, they were required to file directly with the Supreme Court, NOT IN DISTRICT COURT!   Therefore, again by Constitutional definition and mandate, Federal District and/or Appellate Courts have NO JURISDICTION in the matter, PERIOD!  

The Founders CLEARLY did not want Federal District and/or Appellate Courts refereeing issues between the States and the Federal Government.   They CLEARLY believed that the Supreme Court was the only, proper Venue in such cases.   They were CLEARLY wary of local or regional judges, with possible parochial prejudices, imposing personal biases on cases of such national importance.

Therefore, to my read, the President is free to proceed with his Immigration E.O. unless and until the Supreme Court takes the case and strikes it down.   This, under the legal premise that "Inferior" (Founders' word) Courts are "Improper Venue" and their rulings are null and void and without force of effect since said Courts lack Jurisdiction.

This is reinforced by the very next sentence in Article III, "In all the other cases before mentioned, the Supreme Court shall have appellate Jurisdiction...".   Again, the Founders CLEARLY believed that some cases were just too important to be left to the whims of local Courts.  

IF (and it's a huge "if") the President did as I suggest, I am confident that the Left, the Media, Washington, and all other anti-Trumpers would scream "Constitutional Crisis".   So, what else is new? 

Further, IF the President did as I suggest, it would almost certainly force the Supreme Court to take the case and settle the issue once and for all.   IF the Supreme Court refused to take the case, the President's E.O. would stand under the legal and Constitutional premises stated above.   This would force said States to re-file directly with the Supreme Court as Constitutionally mandated.   Either way, it's a win! 

Oren Long

[Oren Long]

I had an ancillary thought.

We all know that the Deep State is part and parcel of the "Resistance" Movement.   This includes almost the entire Justice Department as I laid out in my article above.   In other words, Trump cannot rely upon his own "employees" to do his bidding.   If he expects to achieve his agenda he must establish some sort of alternative "government".   That may sound strange until we remember that Obama did exactly that.   Obama appointed Czars with their own staffs to achieve his goals.   Obama almost never met with his official cabinet, instead working through his Czars.   Obama knew he could never eliminate the Deep State, so he just went around them.   Trump may have to do the same thing.

Oren Long

[M]

Oren,

What bothers me even more than those things is the "Ready Reserve" Para-Military units Obama set up that were sworn to him (as sitting President) and not to the Constitution. He wanted them equipped comparable to the regular military and National Guard units, and nothing has been said about them since. We could be set up for a sort of Palace Coup the next time a Democrat takes office in the White House unless we get full disclosure on the current size and armaments of those units. I also worry about all the multitude of experienced combat trained and tested command line officers that Obama cashiered over the last eight years and replaced with personnel loyal to him and his designated heirs in office. To me those units have the stench of the Nazi Brown Shirts of a bygone era. Knowing that Soros is reputedly behind everything that Obama screwed over, and considering that Soros was proud of his working with the Nazi Regime, I think he had them set up deliberately and they will be used against us at a later date unless we get them fully disbanded.

[Oren Long]

M,

I understand what you are saying, but it is beside the point.   The point of my editorial is three-fold:

1.   The President's E.O. is entirely legal, something we already knew.

2.   Lower courts have NO JURISDICTION on the matter and cannot even hear the case.  

3.   Most important, the President's legal beagles know this, but DO NOT want the President to know.   IF he knew, he would begin to understand that he is surrounded by enemies, not allies.  

The main reason I keep pushing this argument is Number 3 above.   It is imperative that as many people as possible keep hammering the point to anyone they can to get the message out.   I cannot do it, alone.

Finally, have you ever wondered why the Democrats always seem to win, even when they lose?   It's because they always stay on point, focused, and on target while we always seem to wander off into the weeds, chasing "issues" only a handful of people care about.

We simply MUST get my message (editorial) to the President.   We simply MUST make him understand that he is like Caesar, killed by his "best friend" Brutus.   It is increasingly apparent that Trump has only a mere handful of true allies around him.   We The People are the only thing keeping him in office.

Oren