
CNN’s summary of yesterday’s SCOTUS ruling that President Trump could fire heads of Executive Branch agencies went like this: “Supreme Court expands Presidential power.” That’s absolutely false. The ruling held that the law blocking Presidents from firing heads of agencies in the Executive Branch was unconstitutional, as many legal scholars have argued for decades, and that the 91-year-old decision in Humphrey’s Executor v. United States, which had upheld the law at the center of the dispute, was wrongly decided and violated the constitutional separation of powers between the three branches of government. The Constitution has always held that the President, not Congress and not the Supreme Court, has the power to manage the Executive Branch. Fans of judicial activism and our “shadow government” by unelected agencies liked to call this the “unitary executive” theory, as if the idea that the President should have control over the his own branch of government is just a theory. It’s not a theory. It’s the law. SCOTUS was not “expanding” Presidential power by affirming it.
The Supreme Court expanded its own power when it green-lighted a Constitutional amendment in the form of an unconstitutional New Deal law.
The news media, your friends, and even some Supreme Court Justices seem to misunderstand the essence of the judicial review thingy, as well as the Constitutional role of the Supreme Court itself. It doesn’t help that some of the Justices on the Court have similar misconceptions. The two immigration decisions hostile to the Left’s open borders agenda handed down yesterday are causing SCOTUS to be condemned when all they have done is rule that the current administration of the law is legal. And the news media—fuggetaboudit.
Notable was the caterwauling over the Supreme Court ruling this week that the openly abused and distorted Temporary Protected Status really and truly is supposed to be “temporary.” Here is Jake Tapper of CNN “objectively” grilling DHS Secretary Markwayne Mullin over deportations of Haitians with that “temporary protected status”:
Tapper: “Will you be deporting all of them?Will they be all deported back to their home countries, Haiti and Syria? And when will these deportations start? Will it be immediately?”
Mullin: “Well, Jake, first of all, Temporary Protected Status was never intended to be permanent. And there’s a lot of people that came over here 15, 20 years ago underneath TPS that’s already changed their status.The whole time these individuals have been here underneath the Temporary Protected Status, they could have applied for a visa. They could have applied for LPR. They could have applied for different directions. But the status itself can be ended in its name itself by saying temporary.”
Tapper: “The Trump administration’s argument is that this was only supposed to last 18 months. My understanding of how the process works is, the Secretary of the Department of Homeland Security has the discretion to extend it if the U.S. State Department says that the countries that these people are from are still considered unsafe, which is why they were afforded TPS status to begin with. Is it the position of the Trump administration that Haiti is a safe country to send these people to?”
Mullin: “Well, we take a lot of things in consideration. Secretary Rubio, the President and I have had multiple conversations about this, obviously… The qualification isn’t quite just that simple. And keep in mind, a lot of these individuals haven’t been here 18 months. They have been here 18 years. Some of them have been here 20 years, 30 years. They have had plenty of time to reestablish their status inside the United States. They have just chosen not to. Then there’s some that has been here the underneath the Biden administration that took advantage of an open border. And those individuals didn’t really come over here because they needed protective status. They came over here because they were taking advantage of a weak leadership. So what we want, and the President has made this very clear, those that are coming to this country legally, they need to be able to contribute to the United States, not be a burden on the taxpayers. And so we are continuing looking at our Temporary Protected Status. Those individuals that do need assistance because of the country they’re in, we’re always looking at them. There isn’t a more generous country in the world than the United States, but we don’t want people to take advantage of it.”
Tapper: “But do you maintain that it is safe in Haiti to send these people back?…The reason I ask is because I heard Stephen Miller, who is driving a lot of this, say that Haiti is safe for Haitians. And I just looked at the State Department’s website, and they have a level four do not travel advisory for Haiti just from a few months ago, from April, and it says, ‘Violent crime is rampant. The expansion of gang organized crime and terrorist activity has led to widespread violence. Crimes involving firearms are common. Crimes include robbery, carjacking, sexual assault and kidnappings for ransom.’ That doesn’t sound safe to me.”
Mullin: “Well, that “do not travel” is not for Haitians.That’s do not travel for the United States, because they are kidnapping or trying to kidnap individuals from the United States because they feel like their family has the money to pay the ransom.”
Tapper: “I understand that. But based on everything I have read, including the U.N. and Human Rights Watch, it doesn’t sound safe for Haitians. More than 8,100 killings documented last year, those weren’t Americans. Haiti is among the top five countries with the highest rates of rape and sexual abuse, with more than 1,200 cases of sexual violence last year. That’s not Americans; 1.4 million people have been displaced. Those aren’t Americans.”
Fascinating! Because of woke logic like Tapper’s, the Supreme Court decision that it was long past the time when Haitians and Syrians permitted to enter the U.S. under Temporary Protected Status based on conditions of decades ago could be told to go home is being called racist and “cruel” by the Axis of Unethical Conduct. The sad (and apparently permanent) fact that Haiti cannot get itself civilized or secure does not make everyone on that perpetually dysfunctional island nation the responsibility of the United States forever. Nor is the reality that Haiti probably will never be safe for Haitians the concern of the U.S. Supreme Court.
The job of the Court is to determine what laws require and prohibit,, not whether one is a good law or a bad law, or whether it is being administered in the most kind and caring manner possible. What is Tapper advocating? He seems to think that SCOTUS should have ruled that all Haitians have a right to stay in the U.S. indefinitely, as long as the U.S. is safer than Haiti. If that’s true for Haiti, it’s true for Syria. If it’s true for Syria, it’s true for Gaza. Somalia. Ukraine. Heck, it’s true for the U.K. If that is the policy our nation wants to embrace, crazy and irresponsible as it is, fine—one of the Communist wackos who won her primary in New York this month advocates that policy—but it is not the Supreme Court’s role to render such an edict. The Court’s job is to declare whether it is illegal for the U.S. to end Temporary Protected Status decades after the events that caused Haitians and Syrians to be temporarily admitted into the U.S.
It isn’t.
Bye!
Gracious me, Mr. Tapper, are you suggesting that Haitians are safer in a country run by a white supremacist, with murderous police enforcing racist laws, than in a country run by people from ? Can you make sense of that to me?
The dissent accuses Trump of having racial animus by calling Haiti “a shithole country,” but critics of the decision say it’s cruel…because Haiti is a shithole country.
It sounds like the left wants to make Haiti the 51st state, but colonization is bad too?
Haiti share the island expance of Hispaniola with the Dominican Republic. The Dominican Republic has a thriving tourist industry, from both the USA and Europe.
DR’s travel advisory is Level 2 “be vigilent.” Haiti is level 4, “do not travel”. Proving even natural barriers make a difference.