Why the Constitution will always Trump the Executive
14 February 2017
It’s been a very short time since the Trump Administration took office but this has not held back the concerns of civil society and the international community about the trajectory of the new government. Those in support of Trump have also shown a mammoth wave of patriotic backing on social media. I am however a firm believer in constitutional adjudication; that regardless of executive or legislative intentions, majority opinions nor emotive campaigns cannot be a substitute for a disciplined judiciary armed with a democratic constitution.
State of Washington v. Trump
I think to the Trump Administration, the blow delivered in the recent decision by the three federal judges in State of Washington v. Trump should simply be a flashback to the foundations that underpin good governance in any constitutional democracy. In January 2017, the U.S President issued an executive order that sought to protect the United States from possible foreign terrorist threats entering the country.
Grounded in the noble attempt to preserve national security, the order would; suspend for 90 days the entry of foreigners from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen); suspend for a 120 days the United States Refugee Admissions Program; and suspend indefinitely the entry of all Syrian refugees.