“The 9th U.S. Circuit Court of Appeals ruled in a 2-1 decision Friday that President Donald Trump’s 2019 order to reprogram $2.5 billion in military funds for wall construction on the U.S.-Mexico border was unlawful” (Morgan, R. (June 26, 2020). Court rules Trump using $2.5B from Pentagon for border wall ‘unlawful’. American Military News. Retrieved from: https://americanmilitarynews.com/2020/06/court-rules-trump-using-2-5b-from-pentagon-for-border-wall-unlawful/)
The 9th U.S. Circuit Court of Appeals is the most overturned Circuit Court of Appeals in the U.S., and is usually overturned along Constitutional grounds.
The mission of the Department of Defense is to provide the military forces needed to deter war and to protect the security of our country. The department’s headquarters is at the Pentagon.
Presidential command over the U.S. Armed Forces is established by Article II in the Constitution whereby the president is named “Commander in Chief”. The Department of Defense (DoD) is headed by the secretary of defense, who is a civilian and member of the Cabinet.
The defense secretary is second in the U.S. Armed Forces chain of command, with the exception of the Coast Guard, which is under the secretary of homeland security, and is just below the president and serves as the principal assistant to the president in all defense-related matters.
Together, the president and the secretary of defense comprise the National Command Authority, which BY LAW is the ultimate lawful source of military orders for the military services within the Defense Department.
Since the Pentagon’s duty is to “protect the security of our country,” and the President is the Constitutionally lawful authority over the Pentagon, funds earmarked for the Pentagon absolutely CAN be used to build a defensive barrier that protects the security of our country.
In light of the above, We the People of the United States of America hereby find the decision made by the 9th U.S. Circuit Court of Appeals to be wholly without merit and in violation of the Constitution for the United States of America. Furthermore, as their decision FAILS to comport itself with “the supreme Law of the Land,” We the People here hold it NULL AND VOID, without merit, and without honor.
Finally, as the 9th U.S. Circuit Court of Appeals apparently made this decision based on a political rather than a legal basis, we hereby find the two judges voting for this measure have engaged in “BAD BEHAVIOUR,” violating both their oaths of office to support and defend the Constit as well as Article III. Section. 1. allowing judges to “hold their Offices during good Behaviour,” we find both judges in CONTEMPT of the Constitution for the United States of America and demand their immediate dismissal.