What Every American Wants to Know about Federal Judges
There have been dozens of people arrested and convicted in the United States for terrorism-related crimes since 9/11 who were born in the seven countries. Yet even if the judge had been correct, his question was irrelevant – and hence the answer meaningless – because it does not matter to a court what evidence the president relied on in this type of order. This is the kind of judicial second-guessing – substituting the judicial mind for the presidential mind – that is impermissible in our system. It is impermissible because the Constitution assigns to the president alone nearly all decision-making authority on foreign policy and because Congress has assigned to the president the power of immigration suspension as a tool with which to implement foreign policy.
These rules and policies – the requirement of standing before suing and the primacy of the president in making foreign policy – stem directly from the Constitution. Were they not in place, then anyone could sue the government for anything and induce a federal judge to second-guess the president. That would convert the courts into a super-legislature – albeit an unelected, unaccountable, opaque one.