Reification of the 4th Circuit Court’s Ruling
In as much as the total readership as reported to me from WordPress, which I will say has happened far more than once, it is nonetheless important to me as an American member of the intelligentsia, career educator, and the importance of this particular ruling in our lives to illustrate and cement to you why the US Constitution and other founding documents prohibit this kind of ruling.
If someone, albeit anyone – a judge, a lawyer, a physician, accountant, or any person male or female or both (and yes, the three exist!) gets something as wrong as these appellate judges did and continue to do – then it becomes the responsibility of those whose rights that are being affected – to do something about it!
From all visible and auditory means, it has become evident that those who do not like the way the USA decides their elections either protest in the street with shop windows being the item of choice for these clowns to express their unruly behavior. I am trying to express my feelings while at the same time trying to convey to those interested who would care to do something legitimate about it.
According to the judges in question, the President’s order amounts to a ban on Muslim immigration and therefore violates the First Amendment’s prohibition of “an establishment of religion.” This claim seems puzzling. The executive order does not purport to prohibit Muslim immigration, sets up no religious test to govern immigration policy, and affects only a handful of predominantly Muslim countries and then only for a short period of time. In fact, the order leaves untouched immigration from many countries with very large Muslim populations.
Some commentators have found it strange that a judge would seek the meaning of a legal document not in its actual words but instead in the rhetoric of a heated political campaign. In truth, however, the judges opposing the President have not invented this kind of inquiry themselves. Therefore, what it seems that they are doing is ruling on a heated political campaign rhetoric, rather than the executive order itself.
Unfortunately for many, this kind of judging is inadequate, unlawful, contrary to the founding of our nation, and ridiculous to our already wayside judicial system. Now, what could make this any worse? You betcha! The notion of a very dishonest press reporting on the wrongs of judicial procedure.
A very interesting and compelling article was found at The Heritage Foundation, please click here to read it. It is a fascinating article written by a midwestern university faculty member where he goes to the ever—revered Justice John Marshall and examines cases from the founding generation’s point of view.
The article is easy reading and informative as to how our nation was set up; moreover, the writer clearly demonstrates as to how judges should be making correct decisions predicated upon what a person might say.