We’ve been hearing more about executive orders in the past two weeks than about anything Congress is doing. That very fact seems counterintuitive to what most of us understand about our government.
How did we get to this manner of governing? First, let’s look at the constitution itself. There is no specific constitutional provision that permits executive orders. However, there is no provision against it either. That being said, Presidents throughout our history have used executive orders to help direct agencies of the federal government.
An executive order of the president must find support in the Constitution, either in a clause granting the president specific power, or by a delegation of power by Congress to the president.
Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. This has happened in the past.
So, we now have an executive order that has determined that entry into our country by aliens from seven specific countries has been suspended. Those countries are Iraq, Syria, Sudan, Iran, Somalia, Libya and Yemen. The order clearly states that entry by people from these particular countries would be detrimental to the interests of the United States. President Trump and his associates Steve Bannon and Kellyanne Conway have continued to defend the ban on the basis of protecting us from terrorist attacks in America.
Let’s look at the statistics. Nearly twice as many Americans have died in attacks from non-Muslim extremists since 9/11. This data has been gathered and presented by researchers at the University of Massachusetts and at New America Research. A later published study from the Triangle Center for Terroism and Homeland Security found in interviewing police across the US, that they felt the top threat (74%) to be anti-government violence.
Secondly, the government has exaggerated the threat of terrorism for political gain. This has been reported from FBI Agents, CIA intelligence officials, Time Magazine, the Washington Post and others. Former Secretary of Homeland Security Tom Ridge admitted that he was pressured to raise terror alerts to help then President Bush win reelection.
Finally, the ban does not apply to Afghanistan, Pakistan, and Saudi Arabia. Look closely at the attacks that have occurred on American Soil and we will find that those involved had ties with these specific countries.
More mis-information occurs when Conway talks about a terrorist massacre in Bowling Green which never occurred. Nor was it an intended massacre. The two Iraqi citizens arrested in 2011 and subsequently sent to prison, were attempting to send weapons and money to al-Qaeda in Iraq.
In conjunction with Conway’s interpretation of events, Steve Bannon’s Brietbart reported that “Obama suspended Iraq refugee programs for six months over terrorism fears in 2011”. In fact what occurred was the imposition of more extensive background checks (vetting if you will) for Iraqi refugees; creating a dramatic slowdown in visa approvals.
Bannon himself is an ardent crusader against immigration.
Last week, reports circulated from the administration that the ban was justified by pointing out the 2015 shootings in San Berndino, California. The attackers in those shootings would not be affected by this ban. One was a US citizen, the other from Pakistan. Again, Pakistan, Saudi Arabia and Afghanistan are not included in this ban.
In reviewing the language in the ban it becomes clear that it is based on targeting not countries but the specific religion of those countries as it applies to the United States. Both the current director of HLS and the Presidents’ Sean Spicer denied that this is a Muslim Ban.
Rudy Giuliani had this to say to Fox News . “I'll tell you the whole history of it”. “So when [Trump] first announced it, he said, 'Muslim ban.' He called me up. He said, 'Put a commission together. Show me the right way to do it legally.' " The Christian Broadcasting Network has reported that Trump said he would give preference to Christians on immigration issues.
It’s easy to understand why the public would become confused.
The Department of Homeland Security has established a program called Countering Violent Extremism (CVE). The mission as stated in their website is as follows: The Department of Homeland Security (DHS) has developed a Countering Violent Extremism (CVE) and Active Shooter approach that applies to all forms of violent extremism or crimes, regardless of ideology; and that focuses not on radical thought or speech, but instead on preventing violent attacks. The threat posed by violent extremism is neither constrained by international borders nor limited to any single ideology.
This week Reuters reported that the administration is planning a directive to the Department to focus entirely on Islamic extremism and forget about the domestic terrorists.
We are now starting to see several lawsuits being filed against this particular executive order. As stated previously, an executive order must find support in the Constitution and is subject to judicial review. There is widespread concern that the executive order is the tip of the iceberg as it relates to Muslim citizens in the United States.
Food For Thought: President Franklin Roosevelt signed the most executive orders –a grand total of 3,522! One executive order gave way to the internment of Japanese Americans during World War II. Those Americans lost all possessions (sold at about 10% of value) as they were sent to camps. This year marks the 57th anniversary of this executive order. We have also finished paying the reparations to these citizens……….$1.6 billion dollars. An expensive, shameful experience based on fear not facts.
Action Steps: Call or e-mail your local Congressman as well as your Senators. Most have web sites with easy to follow forms. Express your thoughts on this issue in a polite, concise manner.
Other possibilities: American Jewish World Service (www.ajws.org) has a well phrased petition available on line. Check with other faith-based groups for opportunities to speak out.
