“To preserve the republican form and principles of our Constitution and cleave to the salutary distribution of powers which [the Constitution] has established... are the two sheet-anchors of our Union. If driven from either, we shall be in danger of foundering.” - Thomas Jefferson, 1823
Last week, President Donald Trump instituted an executive order restricting travel from seven designated Muslim-majority countries in the Middle East. With MassachusettsU.S. District Court Judge Allison Burroughs’ restraining order having expired on Feb. 5, WashingtonU.S. District Court Judge James Robart has issued a ruling in the Seattle circuit court that extended the freeze on Trump’s executive order, much to the President’s chagrin. While Robart's policy here is controversial, the larger issue at hand is the Trump administration’s hesitance to initially follow the court order. Indeed, the very structure of our government is threatened by actions such as these. In a democratic society, the way to disagree is to appeal to a higher court, not to disregard an order of another branch of government.
The three branches of government have always stood as independent bodies that are deeply intertwined with each other through a series of checks and balances. However, there is little that the judiciary can do to enforce a ruling on the other branches. The most famous example of a judiciary being unable to enforce its ruling came in the case Worcester v. Georgia (1832), in which Chief Justice John Marshall ruled that the government could not seize Cherokee lands. President Andrew Jackson made the infamous comment, “John Marshall has made his decision, now let him enforce it," and proceeded to ignore the court ruling. The incident showed the importance of the legislative and executive branches respecting the court and abiding by its decision. That respect has grown in importance since then.
Despite there being legal challenges and court orders halting the ban since its first day, some border agents reportedly violated the federal court order by detaining affected immigrants even after the ban was halted. If President Trump’s administration ordered the agents to defy these orders, they could be held in contempt of court. It would be the beginning of what many have labelled a constitutional crisis. The precedent would be damaging for the separation of powers doctrine upon which this country rests.
Whether one is a Republican or Democrat, we are all American citizens and thus should be fundamentally opposed to an executive branch that claims supreme power over the other branches. Adherence to the Constitution is one of the hallmarks of conservative judicial philosophy, which will grow in importance if a challenge against this ban reaches the Roberts Court with a confirmed Justice Neil Gorsuch on the Supreme Court bench.
Despite the federal government’s compliance with the judge’s order, the President’s Twitter account told a different story. President Trump should respect not only the order of an equal branch of government, but also the branch itself. There is no place for mocking words like "so called judge.” If we champion respect toward others, particularly on social media, we should not have leaders who mock another branch of government. If it is a goal to preserve the fundamental balance of power, any leader should follow the tenets of the inaugural oath and “preserve, protect and defend the Constitution of the United States,” even if constitutional court rulings do not align with his or her personal beliefs.
