Allen West Old School Patriot DACA

DACA and Judicial Activism

In News, US Constitution by Allen West5 Comments

Howdy, everyone, from Lombard, Illinois, and The 99th reunion of the First Infantry Division. I am relaxing with great veterans. We just completed our memorial service, and presented the Big Red One Vietnam veterans with their commemorative 50th anniversary pins.

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While here, I am paying attention to something that really has me perplexed, and unnerved, since we all took an oath to the Constitution.

It appears that US Federal Court Judge John Bates, who cares who appointed him, has determined the Trump administration cannot end the Deferred Action for Childhood Arrivals (DACA) program of the Obama administration. Judge Bates says claiming that DACA is unconstitutional executive overreach is not enough. What? So this chucklehead Judge is effectively ordering a presidential administration to abide by the unconstitutional action of a previous presidential administration. Am I the only one that realizes just how dumb that is, and unconstitutional?

Perhaps Judge Bates doesn’t understand that subsequent presidential administrations are not bound by the executive actions of another. If that were the case then President Trump would not have been able to withdraw from the Paris Climate Accord, or the Iranian Nuclear Agreement, both unilateral executive actions by Barack Obama. DACA was unconstitutional, as the enumerated power on matters of naturalization, and immigration, are in Article I of our Constitution, the Legislative branch. So, what the hell is Judge Bates doing? The charge of our Judicial branch is to interpret the law. DACA ain’t law! It doesn’t take a constitutional “scholar” to understand this. Judge John Bates is wrong, and acting way outside his judicial enumerated power. Hmm, where was he when Barry Soetoro enacted this unconstitutional action, which he admits to in his Federal court order yesterday.

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President Trump should have the DoJ, or someone — heck I will do it — send a letter back to Judge John Bates, and inform him that he has no power to “order” him to abide by an unconstitutional executive action of the Obama administration on DACA. If Judge Bates’ order is followed, it proves we no longer have a Constitutional Republic but rather a Constitutional Monarchy. Executive actions are not law, not legally binding, and when they are unconstitutional, they are not lawful.

So are we to believe this idiot judge is directing the President of the United States to follow an unconstitutional, and illegal, executive order? I think Judge John Bates should be impeached for violating his oath and removed from the bench for judicial activism.

Federal judges — the judicial branch — interprets the law, they don’t make decisions on executive actions which violate our rule of law. DACA is done, kaput, over, and it’s up to our Legislative branch . . . not the executive or judicial, to establish laws regarding our system of immigration.

I think Judge John Bates should be impeached for violating his oath and removed from the bench for judicial activism. Click To Tweet

Dang, we seriously do need to revive the study of civics, instead of gender and diversity studies… and what do they teach at law school?

Photo credit: Molly Adams

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During his 22 year career in the United States Army, Lieutenant Colonel West served in several combat zones and received many honors including a Bronze Star, three Meritorious Service Medals, three Army Commendation Medals, one with Valor device, and a Valorous Unit Award.

In November of 2010, Allen was elected to the United States Congress, representing Florida’s 22nd District.

He is a Fox News Contributor, Director of the Booker T. Washington Initiative at the Texas Public Policy Foundation, Senior Fellow at the Media Research Center, contributing columnist for Townhall.com, and author of Guardian of the Republic: An American Ronin’s Journey to Family, Faith and Freedom. His forthcoming book, Hold Texas, Hold the Nation: Victory or Death, is due fall 2018 from Brown Books Publishing Group.