Conservative Review - Time To Strip Lower Courts Of Jurisdiction Over Immigration

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Time To Strip Lower Courts Of Jurisdiction Over Immigration

By: Daniel Horowitz | July 21st, 2015

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If pigs could fly conservatives would take back the White House and the legislative branch of government with solid constitutionalists in one election cycle.  But even that tantalizing fairy tale would be rendered moot if nothing is done to immediately reform the federal judiciary and stave the coming tide of judicial tyranny.  Nowhere is this more evident than with the Court’s unconstitutional doctrine of conferring super rights on illegal aliens.

A Constitutional Crisis in the Courts

As I noted following the Supreme Court’s bloodless coup on our constitutional form of government, as bad as 5-6 SCOTUS justices seem to be, they are on the level of James Madison when compared to some of the lower court judges.  There are solid post-constitutional majorities on 9 of the 13 circuit courts as well as a majority of district courts.  Obama has filled 53 of the 179 appellate judgeships in the federal circuits and over 250 of the 673 on a district level. These are people who believe that the Constitution is unconstitutional and that illegal aliens have the right to come here and demand services. 

Why should we tolerate this for one more day?

One after another, the courts have tossed out their common sense laws that have merely echoed the spirit of congressional laws

Ponder this absurdity for a moment: Arizona is beleaguered by an endless flow of illegal immigrants and drug violence that have caused incalculable damage to the state’s schools, hospitals, security, criminal justice system, and public services.  Even their elections and congressional apportionment are radically altered by those who lack the legal standing to be in their state.  Yet, every time they attempt to pass laws protecting their state, they are sued by the bottomless money pit of left-wing legal defense groups.  One after another, the courts have tossed out their common sense laws that have merely echoed the spirit of congressional laws.

Instead of protecting states like Arizona from this invasion on their border, as required by Article IV Section 4 of the Constitution, this Administration has joined in the law suits. All the while, they blithely ignore the sanctuary cities that thwart federal law. 

Arizona is particularly flummoxed by the court system because they are within the jurisdiction of the 9th Circuit Court, the most radical circuit in the country.  Democrat appointees maintain a 20-9 majority over GOP-appointees among active judges in the 9th Circuit.  This court has overturned their common sense laws to deny bail to illegal aliens, require proof of citizenship to vote, and of course S.B. 1070 which allowed local law enforcement to simply enforce federal laws.

Another common sense Arizona immigration law tossed out by the 9th Circuit is their refusal to grant driver’s licenses to recipients of Obama’s “DACA” amnesty.   Instead of following the Constitution, Judge Harry Pregerson accused Arizona of being racist.  The LA Times reports that Pregerson, a Carter appointee, could not fathom why Arizona would do such a thing:

Arizona has incurred no ill effects because of the new, legal Dreamer drivers, said Judge Harry Pregerson. “Nothing horrible has happened on the highways of Arizona,” said Pregerson, who was appointed to the 9th Circuit in 1979 by President Carter. Pregerson asked why Arizona continued to try to deny benefits to Dreamers. “Does it come down to racism? Does it come down to discrimination against these people? What else does it come down to?” he asked.

Maybe the judge ought to check out the data showing how almost 30,000 driving offenses have been committed just by the 30,558 criminal aliens Obama released in fiscal year 2014.

Well, if Judge Pregerson wants to focus on political arguments instead of constitutional arguments, maybe he ought to speak to the mom of Brandon Mendoza, a promising young police sergeant, who was killed by a drunk-driving illegal alien who was travelling the wrong way on the highway.  Or what about Tricia Bracho and her children who were injured on July 4 when an illegal alien high on drugs (over 74% of all those who received federal sentences for “simple possession” of drugs in 2014 were illegal aliens) slammed into their car head on? 

Maybe the judge ought to check out the data showing how almost 30,000 driving offenses have been committed just by the 30,558 criminal aliens Obama released in fiscal year 2014. Yes, it must be racism.  That’s the only reason a state would care about clamping down on illegal immigration.

Brandon Mendoza Memorial
 

 

More importantly, why is a federal judge ignoring the Constitution and focusing on political arguments?  Arizona is merely following federal law (8 U.S.C. § 1225) which requires ICE to place aliens who are not “clearly and beyond a doubt entitled to be admitted” to the United States into removal proceedings.  If they must be deported, they certainly have no entitlement to driver’s licenses.  On April 4, 2013, Judge Reed O’Connor of the Northern District of Texas ruled that the Obama administration’s DACA program was in clear violation of Section 1225(b)(2)(A) of the INA, which requires ICE agents to place all illegal aliens into removal proceedings.  Although that case has been tied up over questions of standing, the initial ruling on the merits was never challenged.  Moreover, the courts have already ruled that Obama’s similar DAPA program is unconstitutional.   

Yet, the 9th Circuit is not an aberration.  The truth is conservatives got lucky with the DAPA case and with Reed O’Conner by getting a hearing in front of Republican-appointed judges – the minority of whom actually believes in the Constitution as it was written.  With a growing majority of anti-constitutionalist judges, including those appointed by Republicans, we face a judicial time bomb in the coming years.  We face a reality of a court system that will invalidate every state or federal effort to clamp down on illegal immigration, even if we win at the ballot box and elect pro-sovereignty political figures.  Judges who uphold the rule of law are the exception not the rule.


All of this is within Congress’ purview and can be accomplished through the legislative process – without constitutional amendments.

There is no way around this.  Republican presidential candidates must put forth a judicial reform plan – one that will begin by stripping at least the lower courts of the power to overturn immigration enforcement laws.  There is nothing more foundational than protecting our sovereignty and we cannot afford to have unelected judges who don’t believe in our Founding values grant “constitutional” rights to the world’s population.  They should also consider dividing up some of the circuits.  All of this is within Congress’ purview and can be accomplished through the legislative process – without constitutional amendments. Illegal Aliens     

One of the items listed in the indictment of King George as part of the Declaration of Independence was the following:

“He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.”

With states like Arizona in mind, how can we tolerate the same sort of tyranny from unelected judges 239 after the adoption of our Founding document?

 

Daniel Horowitz is the Senior Editor of Conservative Review. Follow him on Twitter @RMConservative.

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