Plagued with fear and misgiving, people everywhere are sitting on the edge of their seats ever since the inauguration of the 45th President of the United States, Donald J. Trump. His braggadocios style and maladroit twitterings have engraved a sense of trepidation on the hearts and souls of free thinkers and democracy loving people across the globe. Fortunately, James Madison, John Jay, and Alexander Hamilton helped set forth some of this great nation’s most cherished guiding principles that still protect us today from the likes of King George and any other that might try to follow in his footsteps.
Writing under the pseudonym, Publius, the idea of “checks and balances” Madison sets forth in Federalist No 51 are undoubtedly one of the most cited of the 86 know collectively as The Federalist Papers. In doing so, Madison, along with Jay, and Hamilton upheld the idea of “judicial review” that was later confirmed by the US Supreme Court in two landmark decisions, Hylton v. United States in 1796 and Marbury v. Madison in 1803. Madison made it clear that each branch of government is responsible for keeping the others “in their proper places.”
TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.
While there is no doubt, that the Presidency of Donald J. Trump will be fraught with anxiety, controversy and more importantly opposition at ever turn, it must also be said that his recent immigration orders are firmly supported by law and well within his authority (see Immigration and Nationality Act of 1952). Equally appropriate, as Federalist 51 tells us, were the actions of Judge Ann Donnelly of the U.S. District Court for the Eastern District of New York when she blocked parts of the President’s recent executive action on immigration, ensuring he does not go unchecked.