Go ahead and set a precedent for peace and freedom.
Donald Trumps is peeved that his executive orders have been questioned by courts. He is wrong. Under the US constitution, all executive actions can be reviewed by judiciary.
However, US courts have always chosen not to interfere with executive actions if they were related to national security. This reticence by the US judiciary was exploited to the hilt by Bush and Obama administrations. US courts have refrained from interfering with issues ranging from Bush’s unilateral war against unknown terrorists in what are now called for the first time as “Muslim-majority countries” to Obama’s pervasive NSA surveillance and secret roving FBI national security letters. Even when such executive actions suffered from grave unconstitutionality and impinged on the lives and liberties of US citizens and aliens, US courts have not intervened with a stay order.
Ideally, a court can only ask for reasons behind an executive action before choosing to whether or not to suspend the action. US courts have erred because they stayed Trump’s order before giving his administration a proper chance to explain. The courts should not have stayed Trump’s executive order because it:
- is temporary and not final
- is related to national security
- affects only aliens and does not affect the life and liberty of US citizens
Now, if the appeals court decides to stop Trump’s innocuous temporary defensive action against aliens, then that would also imply that future US presidents can also be stopped from going to war or conduct humanitarian bombing. All that peaceniks would have to do is simply file a brief at a local US Federal court. Privacy advocates can also stop Obama’s executive actions that have justified indiscriminate NSA surveillance. Technology companies can also get rid of the FBI national security letters. Hurray!