The Supreme Court has increasingly appealed to international law as a measure to judge the legality and even the morality of legislation challenged under the authority of Constitutional law. This disingenuous and necessarily disastrous juris-imprudence clearly reveals a bias in favour of international law, as if the will of Europe's governments were of more consequence to American law than either the will of the American people or even the "Laws of Nature and of Nature's God" upon which this Constitution is rightly founded. Dr. Edwin Vieira, Jr., guts the internationalist practices and biases which the Supreme Court has gradually adopted in his excellent book How to Dethrone the Imperial Judiciary.
A more reasonable critic could rightly claim that international treaties may influence the legality of the President's executive order. Article VI of the Constitution states that "all Treaties made...under the Authority of the United States, shall be [part of] the supreme Law of the Land[,]" and the United States has subscribed to both the Geneva Convention and the Universal Declaration of Human Rights. One question must be entertained here: does the Treaty or any part of it violate the Constitution or require any sworn official to disregard his essential duties to "preserve, protect and defend" this Constitution? If the answer were affirmative, then the offending part of the treaty―possibly even the treaty in total―would be null and void without needing further declaration.
If the treaty is entirely legitimate, then one might further ask what the parameters of these international protections might be? How specific are they? How are they worded?
Marine le Pen, a front runner in France's current Presidential race and Member of the European Parliament, deftly answers this query. I need not add anything to her statements here: https://www.youtube.com/watch?v=8Sfhc_e5P88 (beginning at 8:30). The strict terms apply to all emigres and to every subscribing nation.
If it comes down to it, Trump's best response would be to imitate the mighty Andrew Jackson and ignore the ruling of the Court. The law, if it stands acquitted by a common-sense reading of the Constitution, must continue to stand, especially if the Justices rule that it should fall because they prefer to stand by vapid international standards which justify their position, rather than uphold the Constitution.A more reasonable critic could rightly claim that international treaties may influence the legality of the President's executive order. Article VI of the Constitution states that "all Treaties made...under the Authority of the United States, shall be [part of] the supreme Law of the Land[,]" and the United States has subscribed to both the Geneva Convention and the Universal Declaration of Human Rights. One question must be entertained here: does the Treaty or any part of it violate the Constitution or require any sworn official to disregard his essential duties to "preserve, protect and defend" this Constitution? If the answer were affirmative, then the offending part of the treaty―possibly even the treaty in total―would be null and void without needing further declaration.
If the treaty is entirely legitimate, then one might further ask what the parameters of these international protections might be? How specific are they? How are they worded?
Marine le Pen, a front runner in France's current Presidential race and Member of the European Parliament, deftly answers this query. I need not add anything to her statements here: https://www.youtube.com/watch?v=8Sfhc_e5P88 (beginning at 8:30). The strict terms apply to all emigres and to every subscribing nation.
"The world must construe according to its wits; this Court must construe according to the law."
~Thomas More: A Man for All Seasons
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