Today, a federal judge in DC rejected the House Democrats’ attempt to block President Trump’s use of an emergency order to shuffle Pentagon funds towards building the wall on our southern border. This is a blow to Democrats in more than one way.
The obvious blow is that the President can move forward unabated with construction of the much-needed barrier between the United States and Mexico. The illegal immigration problem is growing exponentially as hundreds of thousands of migrants from Central America and other countries have taken advantage of our porous borders. Democrats have contended there isn’t really a problem because their unspoken policy of open borders is politically expedient for them.
But the bigger blow to the Democrats came in WHY Judge Trevor McFadden ruled against them. He said in the battle over whether or not the President has the power to move appropriated funds around in an effort to circumvent Congress, the judiciary is not Constitutionally compelled to intervene because Congress has no standing on the issue. In other words, they can have concerns over how the President is spending the money and they can take up those concerns through legislation, but they cannot invoke the judiciary as their pet check and balance against the executive branch.
By ruling they Congress does not have standing, he’s essentially saying from a reverse perspective that the judiciary branch isn’t supposed to get involved in such things. It’s a roundabout way of saying it, but that’s the intent of the ruling. Congress can make future attempts, but they won’t be able to argue them. Or, as the judge hopes, Congress could leave the judiciary out of it and solve their problems through legislation.
It’s an important way to rule because it hamstrings both the judiciary on matters between the legislative and executive branches and forces the legislative branch to use their own powers against the executive branch instead of running to the courts. It’s like two kids being sent to the principal’s office for fighting, but the principal tells them to go settle their differences on their own.
This is how it should be.
The judiciary was not meant to be a referee between the other two branches. They are there to let politics happen as politics will happen between the branches, only getting involved when the Constitution is violated. Bravo, Judge McFadden.
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