Legislating from the bench needs to stop. Judges from either side of the ideological line need to stop being appointed. A federal judge's only job is to apply the laws as they’re written and apply them to the respective cases they're applicable to. No more, no less. It’s time to get back to the rule of law instead of the rule of political parties.
In San Francisco, a federal judge barred the Trump administration from enforcing its asylum ban on migrants who cross the border from Mexico into the U.S. illegally. The ban was put in in place by President Trump on November 9th in order to address the “caravan” that is approaching the U.S. border en masse in order to claim asylum and reap the benefits of the American "entitlement" system.
According to Fox News:
U.S. District Judge Jon S. Tigar, who was nominated by President Obama in 2012 to the U.S. District Court for the Northern District of California, issued a temporary restraining order after hearing arguments in San Francisco.
The request was made by the American Civil Liberties Union (ACLU) and the Center for Constitutional Rights, which quickly sued after President Trump issued the ban this month in response to the caravans of migrants that have started to arrive at the U.S.-Mexico border.
San Francisco and the ACLU. Who would’ve guessed?
If what these organizations are fighting for was so noble and humanitarian, wouldn’t you think more people would be on board? This shouldn’t be a matter of Left or Right, although that’s what these organizations want. The more divided people are, the easier it is for organizations such as these to accomplish their mission of erasing borders between countries. No, this should be a matter of right and wrong, not Left or Right.
This might be boiling it down to its simplest form, but imagine you have a household in which multiple people want entry without any resistance. Now imagine those people not only want admittance to your home, but they also want the benefits of what comes with your home without providing any compensation.
That’s essentially what the U.S. is dealing with on a much grander scale.
I have no problem with LEGAL immigration. If someone goes about entering and inhabiting this country the right way, then they deserve to be here. But, when people feel entitled to take advantage of the most humanitarian country in the world, that’s where the problems come in.
Don’t confuse kindness for weakness.
If the migrants understood anything about the U.S., they would realize that you are actually entitled to very little besides your basic human rights — emphasis on basic. That’s the beauty of America, or at least it used to be. You have to make your own way. No one is going to do it for you.
Judges would be wise to remember that.
And this, according to a 2009 Washington Times article:
In Federalist No. 78, Alexander Hamilton quotes the French philosopher Montesquieu: “There is no liberty if the power of judging be not separated from the legislative and executive powers.”
For this reason, the courts are limited to the interpretation and application of law. At no point may judges set policy or substitute their political views for those of the elected representatives or of the people themselves.
“The interpretation of the laws is the proper and peculiar province of the courts,” Hamilton explains. Judges must have an “inflexible and uniform adherence to the rights of the Constitution.”