The question of why a Washington-based judge has the authority to determine the rights of illegal immigrants with alleged gang affiliations, who are currently detained in Texas, before their deportation from the country they unlawfully entered, is one that might have perplexed even Alexander Hamilton.
Hamilton, one of the founding fathers of the United States, is a figure that even the most liberal Gen Z individuals can appreciate, thanks to the popular musical "Hamilton." However, Hamilton's legacy extends far beyond catchy verses and Broadway fame.
Before he was immortalized in Lin-Manuel Miranda's musical, Hamilton was a prolific writer and a key advocate for the ratification of the U.S. Constitution. He was one of the three authors of "The Federalist Papers," a collection of 85 essays that argued in favor of the Constitution. His writings offer valuable insights into the role of the judiciary, insights that are particularly relevant in the context of recent actions by U.S. District Court Judge James Boasberg.
As reported by the Western Journal, Judge Boasberg, an Obama appointee, temporarily blocked the Trump administration from using a 1798 law to summarily deport illegal immigrants associated with transnational gangs. The case in question involves members of Tren de Aragua, a powerful gang that has flourished in the power vacuum created by the dysfunctional Maduro government in Venezuela.
"Given the exigent circumstances that [the court] has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set," Boasberg said in an order on March 15, according to Fox News. He further challenged the government to prove why each individual being deported is indeed an "alien enemy" under the Alien Enemies Act.
"Before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all," Boasberg wrote in a ruling, as per the Miami Herald. "Because the named Plaintiffs dispute that they are members of Tren de Aragua, they may not be deported until a court has been able to decide the merits of their challenge."
The nature of these individualized hearings remains unclear, as does Boasberg's willingness to allow the deportations to proceed following these hearings. Furthermore, it is questionable why Boasberg is presiding over this case at all, given that the individuals in question were detained in Raymondsville, Texas, a significant distance from the District of Columbia. This has led to speculation that the American Civil Liberties Union, which is representing the Venezuelan migrants, is engaging in venue-shopping.
The Trump administration has signaled its intent to bypass Boasberg and similar judges and let the Supreme Court be the final arbiter of the issue. This approach is not a threat to the rule of law, according to Hamilton's writings.
In Federalist No. 78, Hamilton argued that the courts "have neither FORCE nor WILL, but merely judgment" and cannot implement those judgments on their own. He wrote, "The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever."
Hamilton's writings clearly delineate the limitations of the judiciary, a fact that seems to have been forgotten in the current political climate. Those who argue that Hamilton's views are outdated and irrelevant to the 21st-century United States are missing the point. The issue is not whether Hamilton could have foreseen the current state of affairs, but rather how the country has deviated from the principles he and the other founding fathers established.
The Federalist No. 78 provides a clear and concise explanation of the intended limits of the judiciary. Anyone who suggests an original intent that exceeds these limits is deceiving themselves. For those who are critical of the Trump administration's approach to this issue, a closer examination of Hamilton's writings might provide some much-needed perspective. And no, simply knowing the lyrics to "My Shot" or "It's Quiet Uptown" doesn't count.
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