America is dealing with a constitutional problem: Executive Branch powers vs. the role of the Judicial Branch when they disagree. We the People need to stand back for a moment and examine the law and the facts, not the personal or political views we may have.
The Question Before Us
So, as news and very public disagreements fly back and forth by the hour, We the People need to ask: Is the Judicial Branch weighing the law and the facts of these high-profile cases? Or are personal and even political views prevailing? Remember, the Executive Branch cannot defy a legal court order. There is an appeals process for a reason.
The Importance of Judging the Law and the Facts
I first learned the importance of judging the law and the facts when I took a Duty of the Jury course. It’s not about how we feel about the case. It’s about what the law and the facts say. That’s it.
What I see going on is the prevailing winds of personal and political views. That’s not new in our nation. It’s human. Still, We the People must change our focus from parties, politics, and people to the law and the facts. Keep a laser-like focus on the law and the facts.
An Example of the Law and the Facts
The Executive Branch used a 1948 Supreme Court decision (Ludecke vs. Watkins) about the 1798 Aliens Enemy Act to deport non-citizens. I looked up both of these decisions. I am not a lawyer. However, I can look up the law and attempt to see where the constitutional problem lies. “The Alien Enemy Act precludes…” This, I learned, indicates a distinction between the scope of executive power and judicial oversight. Clarity in this ruling is needed for us to understand the case. It would appear that it is not subject to Judicial Review.
Where Do We Go from Here?
So, this disagreement between the Executive Branch’s powers and the Judicial Branch’s role will be further argued in the appeals process. And there’s a lot to be argued.
Keep a laser-like focus on the law and the facts in this case and the other legal cases before us to determine Executive Branch powers and the Judicial Branch role.
This is Common Sense Civics and Citizenship. 🇺🇸
