Mr. Trump has begun to carry out his campaign threats to ban all Muslim immigration to the USA. In a limited move based mostly upon states being identified as being highly conducive to the development of terrorists by previous administrations, including the Obama administration, Trump issued an executive order that basically revoked visas of persons currently in transit from those nations: Syria, Libya, Yemen, Somalia, Sudan, Iraq, and Iran.
Unlike other travel bans, which were phased in and allowed people in transit to complete their journeys, this ban cut travelers off at the knees. Although they were not singled out in the executive order as being Muslims, that is the de facto reality of the order. Given the context of Trump’s overt campaign statements and covert winks and nudges towards white supremacist groups during his campaign, one has to interpret this as only the beginning of his plans, not as a complete implementation of such.
While the logistics and diplomatic gyrations that would result from banning travel from NATO ally Turkey or the strategically important Kingdom of Saudi Arabia have yet to be realized, there is yet another disturbing element in Trump’s executive order, and it is one that speaks of fascism.
When courts ruled for a stay in the implementation of the executive order, there were persons in DHS that continued to implement it in defiance of the courts.
Let me repeat that in another way: when the judicial branch exercised one of its checks on the power of the executive, the executive chose to ignore the rule of law, which is most certainly a form of tyranny.
The greatest alarm should not be in the President calling for such an order, but for the persons that were determined to continue implementing it in spite of such implementation being illegal. These people do not support the Constitution or the laws of the United States of America, but the ideology of fascism and the doctrine that might makes right. Both are contrary to the spirit of America and certainly the latter is contrary to the law itself.
We live by laws in the United States and when we have disputes, we are to dispose of them via legal means. The courts can give a hearing on the executive order and, based upon the courts’ rulings, implement or withhold it as appropriate. Anything less than that is despotism, and we cannot have that.
While Trump was within his rights as President to issue an executive order, it was also the right of federal judges to rule on the constitutionality of such executive orders. It is NOT within the rights of DHS personnel to continue enforcing the executive order after the courts ruled for a stay on its enforcement.