Please understand what Stephen Miller is saying in the linked video.
Well, the Constitution is clear. And, that [i.e. the Constitution] is. of course, the supreme law of the land. ... Look, a lot of it [i.e. suspending habeas corpus with respect to illegal aliens] depends on whether the courts do the right thing, or not. At the end of the day, Congress passed a body of law, known as the Immigration and Nationality Act, which stripped Article III courts -- that's the Judicial branch -- of jurisdiction over immigration cases. So, Congress actually passed -- it's called 'jurisdiction stripping legislation'. They passed a number of laws that say that the Article III courts aren't even allowed to be involved in immigration cases. Many of you probably don't know this. I'll give you a good example: Are you familiar with the term 'temporary protected status', or TPS, right? So, by statute, the courts are stripped of jurisdiction from over-ruling a presidential determination, or a secretarial determination, on TPS when the Secretary of Homeland Security makes that determination. So, when Secretary Noem terminated TPS for the illegals that Biden flew into the country, when courts stepped in, they were violating explicit language that Congress had enacted saying they [i.e. Article III courts] have no jurisdiction. So, it's not just that the courts are at war with the Executive branch, the courts are at war -- these radical rogue judges -- with the Legislative branch as well, too. ...
Understand -- Article III courts are the normal courts of the federal Judiciary branch: the single superior court [i.e. so-called "THE Supreme Court" (*) ] and the various inferior courts that Congress has, from time to time, established pursuant to Article III.
Understand, what Stephen Miller is discussing here is Congress' power, under Article III, Section 2, to limit, or even strip, the jurisdiction of the federal courts (**) over all but a few specific sorts of cases as explicitly enumerated in Article III, Section 2.
Understand -- the "Three Co-Equal Branches of Government" dogma that we all were taught in high school civics class is not only a myth, but a lie, and a pernicious lie at that. The lie was invented by lawyers/judges (***) to disguise their imperialistic power-grab over the other branches, and indeed, over our very lives.
So, since the three branches of the federal government are not "co-equal", where does that leave us? It leaves us where we always were: the three branches each have explicitly enumerated powers -- and no powers not explicitly enumerated -- and the Congress is the "supreme" branch. That the congresscritters do not want to do their jobs is another matter ... and, in the end, the fault lies with the electorate for allowing them to shirk their duty.
(*) As I have pointed out repeatedly, Article III of the US Constitution does not create "THE Supreme Court". Rather, it establishes "one supreme Court" -- one highest-level or superior court -- and as many inferior courts as Congress may decide to create.
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
(***) Understand -- No matter the legal system, the lawyers of that system *always* eventually seek to corrupt the law to make it serve their own interests. Also remember -- judges are just lawyers who dress funny.
Tim Pool: Stephen Miller Says Trump SERIOUSLY CONSIDERING Suspending Habeas Corpus
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