United States (ECWd) –
Executive Orders, Plenary Power Doctrine, 100-mile border zone, all factors that may turn into a Constitutional Crisis in tomorrow’s U.S. Supreme Court case known as JESUS C. HERNÁNDEZ, ET AL. v. JESUS MESA, JR.
That case is about Constitutional Power, as in who has it, who controls it, and who enforces it, as it relates to our borders, not to mention the impact their decision will have on this country and its citizens. All these factors are becoming one huge legal chess match and the outcome of the above-referenced case may well be a game changer in many ways.
The recent Executive Order on immigration lead to our publishing of two articles on those events, here and here. Off topic, but one that must be addressed was the 9th Circuits words regarding our country, found on page 14 of this pdf: “runs contrary to the fundamental structure of our constitutional democracy.”
Note to the 9th Circuit: Please resign! We are not a Constitutional Democracy. We are a Constitutional Republic! The fact they say otherwise should bring a concern to every person in this country who understands the foundation of our Republic.
Civic lesson 101: Section 4 of the US Constitution: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
OK, rant over! Back to the issue at hand.
Tomorrow’s case may well confirm, enlarge, or narrow how much “power” our Government has when it comes to national security, border, and immigration issues, and what are the limits or parameters of that “power”.
As the President and his legal team work on the Executive Order on international travel, we suspect they will be paying close attention to tomorrow’s case. A case centered around the limits of power and constitutional protection on our borders. We encourage everyone to read both briefs in this particular case.
Snapshot of each side’s position:
Plaintiff’s position: “If left standing, the Fifth Circuit’s decision will create a unique no man’s land—a law-free zone in which U.S. agents can kill innocent civilians with impunity.”
Government’s Position: “it was not clearly established that the Fifth Amendment applied to an alleged use of excessive force by a US Official against an alien located in Mexico.”
The Supreme Court could give the federal government total power (also known as plenary power) or something less….which the Executive Branch should want answered as they draft version II of their Executive Order on international travel.
In addition, the Ninth Circuit matter for reconsideration is still pending and the trial court action is still pending, etc. So in that vein, tomorrow’s case, the arguments presented, the questions from the justices and answers from the attorney’s, and the final court opinion, could all have a big impact on the on-going legal proceedings and how future Executive Orders are affected, not to mention border security concerns.
Lastly, tomorrow’s case may well define how things are done on our borders for both US Citizens and non-US citizens. Let’s pray the opinion from the high court does not lead to a Constitutional Crisis in this country.
In short, tomorrow is HUGE!!! Double HUGE!!!