I published what follows soon after the president’s executive order(s) seeking a pause in re-admitting citizens from 7 Middle East nations were halted by a judge who said he was performing his constitutional duty by halting the application of the president’s executive order because of the U.S. constitution’s guarantee of equal rights.
Amendment 14, Section 1 guarantees the right of U.S. citizens before the law, not citizens of other nations returning to work or to attend school in the U.S.. The equal rights amendment was a product of the U.S. civil war to protect Black citizens born in the U.S.A. from arbitrary mistreatment because as natural-born citizens they had the same inalienable rights before the law as white citizens. The more recent Supreme Court decision supporting some of the president’s executive order was the first judicial decision to do so even though, despite the judiciary’s duty to decide according to the constitution, it felt the need to interpret (pick and choose) according to prejudice and belief.
Feb. 17, 2017
At the end of his ruling, the judge said “the work of the court is not to create policy or judge the wisdom of any particular policy promoted by the other two branches.”That’s the work of the legislative and executive branches, he wrote, while it’s the work of the judiciary to ensure laws and executive orders comport with the Constitution.“The court concludes tht the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government,” he concluded
Here is the Reconstruction amendment that guarantees “equal protection of the laws” to all U.S. citizens: people born in the United States and naturalized citizens.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.