SCOTUS Violated The Constitution With It’s Ruling On The Muslim Ban

First Amendment

In a 5-4 decision along partisan lines, The Supreme Court of the United States (SCOTUS) ruled in favor of Donald J. Trump’s Muslim ban. Chief Justice John Roberts wrote, “The Proclamation is squarely within the scope of Presidential authority.” While this Proclamation may be in the scope of Presidential authority, it is completely unconstitutional according to the First Amendment of the United States Constitution.

While the First Amendment of the United States Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” logically one would deduce that, Congress being two thirds of the executive branch, this would also apply to the President of the United States (POTUS).

It is my feeling that the five conservative judges that ruled in favor of the Muslim ban, violating the Constitution, should face impeachment. This has nothing to do with them being Conservative, it has everything to do with their violation of the Constitution. However, the procedure relating to the removal of a judge of the Supreme Court is regulated by the Judges Inquiry Act of 1968, by the process of impeachment. There are two grounds for removal – proved misbehavior or incapacity. A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order after an address by the Parliament, supported by a special majority of each House of Parliament (that is, a majority of the total membership of that House and a majority of not less than two thirds of the members of that house present and voting), has been presented to the President in the same session of Parliament for such a removal. The likelihood of this happening in our current political climate is less than zero.

For now, all we can do it #Resist and push for Liberal and Democratic Socialist candidates to represent the best interests of their constituents, not the padding of their pockets.

 

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