When judges meddle with setting public policy, they act in defiance of our Constitution

[scruffy]

No more corrupt than Trump and Elon, notice he's not a felon like Trump.

Trump is doing exactly what he was elected to do.

Corrupt judges better get out of the fucking way.

 

[Whodatsaywhodat.]

We are witnessing federal rogue judges meddling in our system’s executive and legislative functions and doing so without establishing their interventions are required because a constitutional provision is being subverted and demands intervention.

Congress needs to grow a spine and start impeaching these rogue judges.

For example, Joseph N. Laplante, United States District Judge issued THIS PRELIMINARY INJUNCTION in response to the following COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (New Hampshire Indonesian Community Support, et al. v. Donald J.)

In addition to not establishing standing, the complaint fails to articulate where in our Constitution’s wording are the offspring of illegal entrant foreign nationals, born on American soil, are granted citizenship upon birth, and is the limited subject matter of the Trump Administration’s Executive Order.

In fact, there is no such wording in our Constitution granting the kind of citizenship in question, nor is there any law enacted by Congress granting such citizenship under Congress’s exclusive authority to enforce the provisions of the Fourteenth Amendment’s Section 1.

History establishes that Congress has exercised its exclusive authority in the past when enacting the "Indian Citizenship Act of 1924", extending citizenship as outlined in the Act. Since then, there is no appropriate legislation to be found under which Congress has extended citizenship to the offspring of illegal entrant foreign nationals, born on American soil.


Additionally, there is no S.C. Case in which the Supreme Court has been asked to address this specific question and confirmed the offspring of illegal entrant foreign nationals, born while on American soil, are intended, by the terms and legislative intent of the Fourteenth Amendment, to be granted United States citizenship upon birth. The truth of the matter is unwritten federal policy, and only unwritten federal policy, now recognizes them as such.

It is important to note that under Article 2 of our Constitution, our President gets to exercise administrative policy changes, such as was exercised by Biden when he was President and adopted a disastrous and destructive open border policy.


This policy making authority of our President is a hallmark of our Republican Form of Government and our Constitution, which also provides for elections in order to accommodate change of existing public policy as determined by the people through that election process and their vote.


President Trump is free by the terms of our Constitutional system, to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.


When a judge inserts himself into this area, as did Judge Joseph N. Laplante, and gives standing to complainants where no such standing exists nor have they presented a case confirming that our Constitution is being violated, that judge is undermining the separations of powers written into our Constitution and interfering with an election where an overwhelming number of the people have affirmed that new federal public policy regarding the granting of citizenship to the offspring of illegal entrants born on American soil is in order.

JWK

Why have a written constitution, approved by the people, if those who it is meant to control and regulate are free to make it mean whatever they wish it to mean?

Democrats are scum . What would you expect?

 

[johnwk]

Democrats are scum . What would you expect?

The Democrat Party Leadership is certainly "scum".

 

[johnwk]

Trump is doing exactly what he was elected to do.

Corrupt judges better get out of the fucking way.

.
The complainants in New Hampshire Indonesian Community Support, et al. v. Donald J, state:

“The Citizenship Clause of the Fourteenth Amendment provides that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” U.S. Const. amend. XIV, § 1.”

The complainants assert XIV, § 1 is violated by Trump’s Executive Order titled “Protecting the Meaning and Value of American Citizenship” (“the Order”) “. . . which attempts to upend one of the most fundamental American constitutional values by denying citizenship to children born on American soil to a mother who is “unlawfully present” or temporarily present, and a father who is not a U.S. citizen or lawful permanent resident.”

Complainants cite United States v. Wong Kim Ark [1898] thirteen times as their primary evidence that Trump’s Executive Order violates XIV, § 1. But the Complainants glaring omission in citing Wong, is,

(1)Wong Kim Ark’s parents were in the United States legally;
(2) had been settled in America for quite some time;
(3) the parents had a permanent domicile and residence in the United States;
(4) they were carrying on a lawful business;
(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.

Trump’s Executive Order is directed at the offspring of illegal entrant foreign nationals born on American soil.
Complainants fail state a claim which actually violates the Fourteenth Amendment and its documented “legislative intent”; fail to quote “appropriate legislation” adopted by Congress under Congress’s exclusive XIV, § 5 authority granting citizenship to the offspring of illegal entrant foreign nationals born on American soil, and merely imply to the Court that previously public policy, which has been followed since the 1965 Immigration and Nationality Act, is the rule of law as opposed to mere public policy.

The truth of the matter is, under Article 2 of our Constitution our Executive has authority to change existing public policy. In fact, America’s system intentionally provides for public policy change via its election process, and the good people of the United States voted for change by electing Donald J. Trump.
Our courts are not the proper venue to challenge lawfully adopted policy. The proper vehicle for such change is through America’s election process which is fundamental to America’s system, and we must all agree and accept that fact that elections have consequences.

The Complainants arguments are meritless in addition to their not having standing.


JWK

Why have a written constitution approved by the people if those who it is meant to control and regulate are free to make it mean whatever they want it to mean?

 

[Crepitus]

Dipshit, the judge is a Democrat megadonor.

He's CORRUPT.

Just like you.

Fake news

 

[johnwk]

Judge Laplante gives finger to S.C. when halting Trump’s EO “Protecting the Meaning and Value of American Citizenship"


In granting Petitioners motion and enjoining the Trump Administration from enforcing the Executive Order titled “Protecting the Meaning and Value of American Citizenship”, LINK, Judge Joseph N. Laplante uses the following perverted reasoning to subvert the true meaning of the qualifier “and subject to the jurisdiction thereof” as understood by those who framed and helped to ratify the Fourteenth Amendment.

Judge Laplante writes:

“There is no reason to delve into the amendment’s enactment history (or as explained below, § 1401’s legislative history) or employ other tools of interpretation to discern that “subject to the jurisdiction thereof” refers to all babies born on U.S. soil, aside from the enumerated exceptions because the amendment and statute do so unambiguously.”

And there you have it! In issuing his order, Judge Laplante knowingly and willfully refuses to follow a fundamental rule of constitutional construction to determine the meaning of the qualifier found in Section 1 of the Fourteenth Amendment, “and subject to the jurisdiction thereof” as it was understood by those who framed and helped to ratify Section 1 of the Fourteenth Amendment. Keep in mind our Supreme Court emphatically stated: The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

Additionally, Judge Laplante gives preference to the Complainants misapplication of United States v. Wong Kim Ark to support their contentions. Judge Laplante suspiciously ignores the following glaring facts of the case:

(1)Wong Kim Ark’s parents were in the United States legally;
(2) had been settled in America for quite some time;
(3) the parents had a permanent domicile and residence in the United States;
(4) they were carrying on a lawful business;
(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.

Trump’s Executive Order is directed at the offspring of illegal entrant foreign nationals born on American soil as distinguished from the parents of Wong Kim Ark.

The bottom line is, Judge Laplante has not only made a mockery of fundamental rules which govern constitutional construction, but has likewise made a mockery of the Code of Conduct for United States Judges

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

 

[johnwk]

For those who are sincerely interested in this subject, which involves Trump's Executive Order titled “Protecting the Meaning and Value of American Citizenship”, I strongly recommend reviewing: SUBJECT TO THE [COMPLETE] JURISDICTIONTHEREOF: SALVAGING THE ORIGINAL MEANING OF THE CITIZENSHIP CLAUSE

 

[LeftofLeft]

As much as the Left would like it, we are not a Nation led by The Judiciary. While the Left’s preference is to Legislate and Execute (enforce) from the Bench,,that is not who we are.

 

[johnwk]

As much as the Left would like it, we are not a Nation led by The Judiciary. While the Left’s preference is to Legislate and Execute (enforce) from the Bench,,that is not who we are.

I kind of think Judge Laplante disagrees with you, but in disagreeing, he ignores the fundamental rules of constitutional construction.

 

[John Edgar Slow Horses]

Only Justice is the law, and judges are the ones who adjudicate it.