District Judge Micromanages Immigration Policy, by Nate Jackson

The Constitution establishes a system of checks and balances to complement the separation of powers. Congress makes the laws, the president enforces them, and the judiciary reviews them. Imagine what America would be like if that system no longer functioned.

Oh, wait.

For decades, Congress has been derelict, passing laws it has no business passing or refusing to address roiling issues and leaving the dirty work to the president or judiciary. Presidents, meanwhile, have increasingly taken to governing by executive order, while district judges are all too happy to issue sweeping nationwide injunctions beyond the scope of their authority.

This dysfunction is exemplified in the border crisis. In some respects, we didn’t need new laws to enforce the ones on the books. We just needed a new president. In other respects, it would simplify the legal process for dealing with the crisis if Congress would create particular legislation aimed at fixing it. Absent that, we have a president looking for laws to justify necessary actions and judges slapping that down for whatever reason can be contrived. …

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