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Constitution Juice — 02/06/2017

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This Juice is partly a repeat of one of my posts on Facebook. However, this is an expanded version of said post.

Trump’s response to the decision of a federal judge in Seattle to suspend the president’s Executive Order (EO) which had banned immigration from seven majority-Muslim nations, came in tweet form.

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Donald J. Trump ✔@realDonaldTrump
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!

Let’s just look at Trump’s final point.
He says that the judge’s ruling takes law enforcement away from the country.

First, what does he mean. Who/What is the “country”? The people as per their reps in Congress? The Executive, i.e. the President, VP and cabinet? The military? It makes no sense.

Second, it is not the job of the courts to enforce the law. That responsibility rests with the police.

The judicial system is responsible for interpreting the law.

The Executive branch of government is composed of the President, VP & Cabinet and is responsible for administering the law and ensuring its proper execution.

And finally, there’s the Legislative Branch of government, composed, at the federal level, by the House of Representatives and the Senate, in other words, the Congress.

The Congress is responsible for making laws which it does by voting on Bills, proposed legislation which, if passed, will become law.
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A democratic country, in order to continue to be so, must ensure that the aforementioned three levels of government are separate from and completely independent of, the other two branches. (Excepted here are Parliamentary Systems of Government as we have in Canada, where members of the Executive have seats in the Commons, one of the Houses of our legislature. The USA is characterized by a Presidential System. Different).

Anyway. Why doesn’t CNN or CBC or CTV even mention these things which would seem to demonstrate how intellectually unfit for office Trump is. He hasn’t a clue. What you have to watch is for Trump attempting to usurp power from the other branches. He doesn’t know anything, doesn’t read, watches the news, listens to what people say and then spews shit.

The point is this. The Executive, legislative and judicial branches of government must remain SEPARATE from each other. Historically, states which became fascist saw tyrannical leaders like Mussolini and Hitler take over the judicial system. Coupled with control of the police and the military, they had the absolute power to arrest, charge, and then, finally, to sentence alleged “criminals” through the police, and their “departments” of justice respectively.
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Let’s say, for the sake of argument, that our Canadian legislature, the House of Commons and the Senate, pass legislation which makes it illegal for men to wear jewelry. DCFA2C3B-8F82-46BE-9710-AF3B58B45BCB-1043-000000DC8040CD08_tmpAn independent judiciary, in that case, would have the authority to declare the law to be “unconstitutional” and therefore that “law” would be thrown out either because the court finds it to be Ultra Vires, i.e. outside the authority of Parliament, or for some other legal reason.
(NOTE: I’m not sure that there is another legal reason for the courts to throw a law out beside the declaration that that legislation has been found to be Ultra Vires.)

This would NOT be the case, if the executive (President, Vice-President and the cabinet) controlled the judicial branch. The dick-tator would simply tell the judges what to do and the judges wouldn’t have a choice if they valued their jobs or their freedom, or their lives. Note : Mussolini, himself, held about half the cabinet seats himself.

I think Trump will self-destruct, probably within the year.

Peace.

1 Comment

  • Joan Hotye says:

    I totally agree in the self destruct within the year, a bit less or more, but not by much.

    You got it spot on bro.

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