Look at this mess.
One of the key principles of reaction is that politics is the struggle for power.
In a democracy, division is permanent.
In a democracy, struggle is permanent.
In a democracy, politics is permanent.
Permanent division means permanent strife, permanent strife means permanent incoherence.
Incoherent government means inefficient, ineffective and irresponsible government.
Men love power, so said Hamilton. Men are greedy, vain and ambitious. They are also fearful.
One of the primary positive principles of reaction is the elimination of politics.
One eliminates politics by establishing a competent, secure authority.
Chain. Of. Command.
What should be done?
Executive Order Zero: A Declaration of National Emergency.
1. Declare Martial Law.
2. Take control of all communication and media centres.
3. Arrest all Supreme Court and Federal Court Judges, pending investigation and indictment.
4. The reason for this is simple:
Treason against the Constitution.
Treason against the lawfully elected Executive.
Treason against the American people.
Law is simply the formalised process of promising, and the consequences of breaking one’s promises. The ruling elites have broken their promises to the American people, and then some.
So, Daniel Horowitz, what should replace America’s “judicial oligarchy”?
To a first approximation, the final decision on all questions regarding the law should be in the hands of the Executive.
Naturally, the Executive is a busy man, or woman – should a woman ever ascend to this august position; thus, the Executive appoints a panel of judges to decide vexed questions.
The judges, however, operate on the principle, as all public servants ought to, of the “hire and fire” principle.
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
The key phrase in that statute is “by proclamation.” Presidents Reagan, Bush, Clinton, Bush, and Obama all issued proclamations under § 1182(f), and there was never even the hint that the notice-and-comment process was required.
There are about five dozen entries in the Federal Register that reference “[§] 1182(f)” in the context of denying entry to certain aliens. How many were formal rulemakings? Zero. Why? The executive order isn’t a rule, but an articulation of the United States’ foreign policy. In the words of Solicitor General Verrilli’s U.S. v. Texas brief, such “general statements of policy” are exempted from the APA altogether (p. 65).
From a pragmatic perspective, it would be absolutely insane to require the President to go through a cumbersome rulemaking process to react to a sudden change in diplomatic relations or our national security. Can you imagine the President responding to a surprise attack by ordering his lawyers to speedily put together a Federal Register notice?
Do you know who is in command here?