Liberty Under the Law

10 02 2017

My lawyer friends tend to agree that Trump’s EO placing the MORATORIUM on the refugee program from only 7 of the 56 Muslim nations will stand in the Supreme Court.

Obviously since there are 49 other Muslim countries not included on the list affected, it is NOT a “Muslim Ban”. Just as obvious is the fact that the order is only temporary – thus doesn’t qualify as a “BAN” on anything.

According to the Federal Statute passed by Congress in 1952 (8 U.S.C. §1182(f)) Congress has given that authority to the Executive. You can find both the statute and the EO anywhere on the net, and yes I have read them both.

Many big-hearted, well meaning folks have been misled by the emotional argument that Republicans and Trump are both anti-Muslim and anti-immigrant as well as racist, mean spirited, ogers who want to starve your grandma, kick your dog and boil your children in cabbage and eat them. (You must first demonize your enemy/opponent in order to get public support.)

The United States of America has been the most welcoming and hospitable recipient of 800px-statue_of_liberty_7immigrants in the world, and has been the “Shining City on a Hill” that the entire world has looked to as the apex of freedom and prosperity, and the most desired country in the world to immigrate to. Millions have successfully sought new opportunity and liberty on her shores, and yes, have thrived and multiplied.

There is also the painful truth that not everyone got through Ellis Island, due to various reasons, but all in the spirit of self-preservation, whether a security risk, disease or character history. There is no natural “right” to the rest of the world to live here. America is not obligated to take everyone and anyone who wishes to migrate here, nor is any other sovereign nation obligated to do such. If you don’t think so, just fly to any country in the world, get off the plane and say “Hi, I am your new neighbor. I will be living here now.” Yet, America has always been the most benevolent of all.  America does not owe the rest of the world anything but to preserve itself as a refuge for those who seek liberty and equality under the law.

When the land behind the great statue looks like the rest of the world, to where will those “huddled masses” flee?

Activist Judges continue to annul the law in favor of a political ideology.  If the Law does not apply to those who make it, or those who interpret it and enforce it, then why will the people adhere to it?  If the Law only applies to some of the People, how long will any of them be contained by it?   What incentive is there for those who are constrained by the Law  to remain submitted unto it?  Have the conspiracy theorists been right all along and we now live under Oligarchy?  Perhaps we now repeat the Old Testament time of the Judges when “every man did that which was right in his own eyes”.   Is the founding principle of “all equal under the Law”, just a passe’ byline?  Maybe Orwell was right – “All animals are equal, but some are more equal than others”.

Either America is a nation of laws or we aren’t.  If we abandon the rule of law, you can stick a fork in the Statue of Liberty.

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