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Montesquieu
(1689-1755) never imagined that his theory on the division of powers would be crucial in resolving the internal disputes of the greatest empire of universal history. And the judicial authority plays a central role in this drama.
The Supreme Court of the United States gave the final push to racial integration; consolidated the right to abortion; authorized marriage between persons of the same sex; set the separation rules of Church and State, and confirmed the relevance of freedom of speech and press.
Donald Trump
's turbulent presidency has faced its greatest difficulty with the judiciary. The executive orders, the designations of his officials, the businesses of the President, the pursuit of hundreds of thousands of dreamers, the suspicion of obstruction of justice have all been source of tension between both branches of the government.
The list of conflicts is long: his intention of Mexico paying for the border wall , the plan of massive deportations , the dismissal of former FBI director James Comey , along with the insults to judges. Trump called Federal Judge of Washington, James Robart , a “so-called judge” for blocking his travel ban. Before that, he caused another commotion when he accused Federal Judge Gonzalo Curiel of being partial, and full of hatred and resentment for being Mexican.
The executive order to prevent the entry of Muslims from six countries is especially complex. The Federal Courts of Appeals of California and Virginia have already ruled that Trump's claim is unconstitutional because it affects Muslims for their religious beliefs. However, a Federal Court in Texas , a conservative and Republican state, stated that "a fragmented immigration policy would conflict with the requirement for uniform immigration law and policy." It is therefore highly probable that this matter will reach the Supreme Court.
This week, Robert Mueller, the prosecutor in charge of the Russian involvement in the 2016 election case, confirmed that Trump is being investigated to determine whether he obstructed justice , which is a serious crime.
As time goes by ominous signs appear against the president of the United States.
Another front is the demand of nearly 200 congressmen (166 of the House of Representatives and 30 Senators), the state of Maryland and the capital Washington DC through their general prosecutors, against the president for violating the Foreign Emoluments Clause . These are payments made by foreign governments to hotels, establishments, and clubs owned by Trump. The President resisted getting rid of his businesses and decided to create a trust, and then said that The Trump Organization would donate the profits from foreign governments to the US Treasury.
If all this was not enough, a Federal Judge ruled on Thursday that the US Army Corps of Engineers violated environmental standards in the building of the gas pipeline in Dakota , opposed by the Cheyenne and Sioux tribes.
Trump now complains about being the victim of a witch hunt , just as Nixon did when he was persecuted by law, before resigning.
For the time being, the separation of powers proposed by Montesquieu more than two and a half centuries ago is what sustains the democratic system of the United States in the face of Trump.
Research member of the National System of Researchers (SNI)
@DrMarioMelgarA
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