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Trump and the Judiciary

2/6/2017

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     The Rule of Law and an Independent Judiciary ( together with the Right to Vote ) are the pillars of Democracy. The undermining of any or all is a dangerous threat to Democracy and that is what Trump has done, with his immigration ban and calling the judge who granted a stay, a " so called judge" ( this coming on top of his racist comments on another judge. who was presiding over the Trump University fraud case, calling him a " Mexican" ( he is Mexican-American, born in the US).
     The Rule of Law, establishes that " all are equal before the law; the law apply equally to all and that no one is above the law ". The immigration ban on all coming from 7 majority Muslim countries ( but giving preference to Christians ), even those with visas and green cards ( work permits) and those with special visas ( those who worked for and with Americans, as advisers, translators etc. and whose lives may be in danger for this), is a clear breach of " due process " ( the right to be treated equally and the right to be presumed innocent) and clearly establishes a religious bias and discriminates). The argument that they pose a terrorist threat is not demonstrated by that fact that no one from any of these ( Libya, Yemen, Syria, Iraq, Iran, Somalia), countries has committed a terrorist in US ( excluded from the ban are Saudi Arabia, Egypt, Pakistan, Indonesia, the largest Muslim states, but close allies and trading partners , if not business of Trump and his inner circle ). There was an immediate at home and abroad. Lawyers and thousands of protesters went to American airports to protest and help those who had travelled to US, legally and who were being turned away, some having their visas taken way. Condemnation from France, Germany and the EU and in Britain the Speaker of the House of Commons, John Bercow said that he was  " strongly opposed "  to Trump speaking in the House ( Trump had been invited to Britain by PM Theresa May on her visit to US. Addressing the House is  an honour sometime granted to foreign leaders ) " Before the imposition of the migrant ban, I would myself been strongly opposed to an address by Pres. Trump...after the imposition of the migrant ban by Pres. Trump I am even more strongly opposed to an address by Pres. Trump in Westminster Hall", he said to applause in the House. He cited the Commons opposition to " racism and to sexism and our support for equality before the law and an independent judiciary".
     An independent judiciary, ensures that the law would be respected and that anyone who tries to undermine the law or who acts illegally or unconstitutionally, would be prevented from doing so. The independence of the judiciary is necessary to stop arbitrariness and dictatorial rule. This has not sit well with Trump, who during the campaign used racist remarks about Judge Curriel, calling him Mexican  and doubting his objectivity because his ancestry ( Trump ad called Mexicans rapists and criminals. The judge was born in the US ). Now he is attacking the federal judge who has ruled against the " ban", saying he is a " so-called" judge ( this is a judge who was appointed by Pres. GW Bush and confirmed 99-0 by the Senate. No Mexican here " real American. Judges interpret laws and apply them, after listening to the arguments from both sides. This is their function as the arbiter of the law and its application. The independence of the judiciary is threatened when the President act like a bully and when he disparages them. Thankfully, Federal judges are appointed for life and are thus insulated from such cowardly and vicious attacks. No one is above the law, not any individual and certainly ( especially ) not the President. American colonies fought for their independence from a " tyrannical monarch" and they cherish their " rights and freedoms "and the Founding Fathers establish the " checks and balances " to ensure that no tyrant exercise power against the people or the Constitution, which the President swear to " uphold and protect". If Trump or anyone else does not like the decision of a judge or a court, they can appeal it. Trump chose to attack first. This is his wont and he has done this time and again, against the media, the intelligence agencies, the military and now the Judiciary.
     He weakens the basis of his power, of the democracy he has sworn to protect and the Rule of Law. This has all the hall marks of a constitutional crisis.   
      
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    fig 2-b My Father and Mother to whom I owe everything

    "Ecce Homo"  ("Behold the Man"), Antonio Ciseri's depiction of Pontius Pilate presenting a scourged Jesus to the people of Jerusalem.

    fig 1-b


    figure 1-a

    F. Goya
    Two men fighting with clubs
    circa 1819-1823

    The Black Paintings Period


    (Fig 2a) The Death of Innocents


    Author

     Ishwar R. Prashad recently retired from over 47 years of teaching.

    He taught Political Science variously at Dawson College, Loyola College, Algoma University College, Sir George Williams University, Concordia University and Vanier College.

    Previously, he taught for nine years in Port Mourant, Guyana.


    He became Principal of Corentyne Comprehensive High School at the tender age of 21. During this time he turned down Scholarship offers to study overseas in England and the U.S.S.R.

    He chose Canada and after graduating from Sir George Williams with a B.A Honours with Distinction, he accepted a Fellowship to complete his graduate work at McMaster University. He completed his first two degrees-Bachelors and Masters- in three years.  

    His last position was as Co-Ordinator of Political Science and Economics at Vanier College and Adjunct Professor of Political Science at Concordia University.

    He is married to the former Juliet Ramcharan (Library Supervisor, McGill University) and together they have three children – Indra R. Prashad, P.Eng. ,McGill (Presently Manager, Ontario Safe Water Drinking Agency), Ishwar R. Prashad Jr., B.A ,McGill (Presently, President, Kismit Gear Inc.) and Rabindra Y. Prashad, (Presently, Artist and Chef).They are the proud Grandparents of eight grandchildren-Miranda, Kamal, Ayesha, Élan, Anĵa , Étienne, Chloé, and Jasmine.

     

     

     





     



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