–U.S. Constitution, Article II, Section 1
This is the oath President Trump and every president of the United States took prior to becoming the chief executive. Every member of Congress swears to "support and defend the Constitution of the United States against all enemies, foreign and domestic." When a president or a legislature is directed to perform a duty that is unconstitutional, he or it must refuse or else he or it would, thereby, break this oath.
Due to recent unconstitutional actions taken by the judiciary, this scenario needs be examined as more than a theoretical exercise. A U.S. District Court in Washington, D.C. has ordered President Trump to continue President Obama's DACA (Deferred Action for Childhood Arrivals) program. According to the court, President Trump must not only keep the program in place, but also continue accepting new applicants. A federal court is now ordering the president to perform an executive order that even President Obama stated was illegal before later issuing it.
Does a district court have the power to order the chief executive of the United States to take an illegal executive action? Does President Trump simply abide by this order, thus violating his oath of office to defend the Constitution? Or does he have another option?
Court Immigration Case Abuses
While abuses by the court have been well documented, there has been a change in the tyranny unleashed by the courts in the past few years. As Daniel Horowitz lays out in Stolen Sovereignty. How to Stop Unelected Judges from Transforming America, the courts have now shifted their attack to America's national sovereignty. By overturning the Legislature's precedent of plenary power over immigration policy, the courts are prepared to take away the American people's ability to determine our immigration policy.
For two centuries, the courts viewed immigration policy as a political decision to be decided by...
Read more: HERE
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