Why "Muling", Trump's Waterloo

When Trump's censorship ban on immigrants from seven countries came out, the world was shocked. In the United States, Trump's executive orders are being protested by judges. The US Court of Appeals is scheduled to hear Trump's immigration ban by phone at 3 pm on February 7. On February 3, James Robart, a federal judge in Seattle, announced that President Trump's decree would be suspended nationwide. In addition, on June 30, 65438, the Democratic Party sued the federal presidential decree on behalf of Washington State and Minnesota. Up to now, 16 states in the United States have submitted legal documents to support Washington State and other complaints against Trump's decree.

From the inauguration day of 65438+1October 20th, he began to curse the Democratic Party and * * * and party and government officials on the viewing platform, and signed the first executive order within three hours, instructing federal officials at all levels not to delay or slack off in implementing Obamacare reform. This is an important step to formally abolish Obamacare reform.

65438+10.27 was also sent to national and overseas bases by administrative order. This is the extreme censorship order, which refers to the strict inspection of immigrants from seven countries that are greatly affected by terrorists. The ban is valid for 120 days. Unlike the previous presidential decree, this decree was strongly resisted by opposition forces led by the Democratic Party. The two sides launched a fierce legal battle for this presidential decree.

On the morning of February 8, the Court of Appeals for the Ninth Circuit in San Francisco held a hearing on the court ruling of Trump's immigration ban, listened to oral statements from the US Department of Justice, Washington State and Minnesota, and decided where Trump's "ban" would go. The two sides debated for more than an hour. The core is whether Trump's "Mu Ling Ban" discriminates against Muslims. The court may announce the result this week.

As far as the current situation is concerned, no matter how the Ninth Circuit Court of the United States decides, the case may end in the Supreme Court, because neither side will give in easily. An executive order made President Trump's administrative power encounter resistance from judicial power. Trump, who is unwilling to compromise, may cause a deadlock in the case or a constitutional crisis.

The U.S. Department of Justice and federal judges go to court, and it is no longer whether the federal sheriff has the power to "control" the president, or whether the judgment of the federal judge can overturn the president's executive order; But whether the president's power is checked and balanced by the federal court system, or whether the system of separation of powers is still effective.

More importantly, Trump's executive order is not only an internal issue of the United States, but the intersection of internal affairs and diplomacy. Less than a week after Trump took office, he "contributed" a classic case to legal researchers. Trump's appeal is very simple, that is, to restore the "ban Mu Ling" as usual and revoke the judgment of "so-called judge" James Robart. In the final stage of the hearing, the focus shifted to whether the "Mu Ban Order" was discriminatory or unconstitutional.

It seems that Trump has simply thought about this issue. He severely "buried" the federal district judge Robert on Twitter, saying that the judge put the United States in a state of disaster. As a president, it is wrong to "despise" judges. The Federal District Court, the Circuit Court of Appeals and the Supreme Court constitute the federal court system, which is also a judicial branch with separation of powers, on an equal footing with the administrative branch represented by Trump. Trump's "big mouth" has violated the principle of rule of law.

Although Trump said that this decree actually continued the practice of the previous administration and was authorized by Congress, the White House's poor decision-making process and rigid coping style made the "Mu Ban Order" activate a series of laws such as the US Constitution, federal government regulations, and the Geneva Refugee Convention. Now, the White House has gritted its teeth and refused to admit that this bill has religious discrimination. However, the constitution also restricts the government from following procedures. How can it be messy? After this case, Trump may understand the limitations of presidential power.