Be Careful What You Wish For

From comments to 18 U.S.C. 875c, Paul Scott in NZ writes:

do you think there will be any downside to the Immigration problem at the south border? An interesting interview by Stefan Molyneux with David Horowitz {found on YouTube here - A.} where Horowitz says that the activist judiciary are literally creating the law , and refusing Presidential orders should be an offence. eg.Arrest these bastards on the ninth circuit with the army, try and then jail for disobedience of legal orders.

After observing that the immigration problems at the border have already been nothing but downside since at least 1965, and an annual hundreds-of-$BILLION problem in associated and ancillary costs ever since, we reply.

 If federal judges continue to unconstitutionally interfere with the enforcement of standing law, there are three remedies:

1) Send U.S. Marshals to arrest them for violating the law
2) Prosecute them in federal court, and refer them to the Senate for impeachment

One is easy, two takes time.
Also, having had functionally no actual Attorney General serving at any point in time from 2009-five minutes ago, and no functioning Senate since 1986 (if not 1932), also makes 1 and 2 problematic, and highly improbable.

Three is simplest of all.

3) Declare a suitable sector at the border (say 5 miles wide, from the Gulf of Mexico to San Ysidro CA, inclusive) as henceforth under federal martial law, due to unmitigated lawlessness and the attendant national security crisis of letting thousands of terrorists and criminals into the country, and send in military troops (active duty, and not the effing Notional Guard), subjecting all detainees to military justice, and removing the federal judiciary from any say in the process entirely.
If, at any point, they attempt to intervene, they are subject to arrest by military authorities wheresoever found, trial via courts martial, and incommunicado detention at military facilities TBD, up to and including Gitmo or Diego Garcia.

What happens in the Indian Ocean, stays in the Indian Ocean.
"What happened to Judge Commie Busybody?
"Disappeared last Sunday about 3AM in a vanload of black-clad ninjas, hasn't been seen nor heard from since..."
Lesson learned.

The upside of number three is it's both effective, and rapid at a relative lightspeed. When attempting a border crossing subjects you to incoming fire from miniguns at 10,000' from AC-130s, or mortar fire from our side of the border, it rather takes the fun out of that particular game. It will also make everything in Mexico within the range of small arms a no-go zone, and drive several millions of new Mexican refugees into the interior of that failed state. That's a State Department problem, as Mexico's entire army is hard-pressed to defend its own bases and government facilities, let alone go looking for trouble with us.

The downside is it delivers the exact military dictatorship everyone in this country has tried vehemently to prevent for 240+ years, to all of us, on a silver platter.
The only real prior example was the illegal roundup of nisei Americans in 1942, which mature hindsight from all sides regards as an abomination and a serious black blot on our national history.

But those are the cards in the deck.

One or all of them will be played if this continues.

A usually-unacknowledged fourth one is to either investigate troublesome judges for ethical and criminal conduct, and at that point, given that such is a near-certainty after sufficient scrutiny, either arrest and replace them, or coerce them in place, as essentially "double" agents. That latter was the J. Edgar Hoover policy, but as noted recently, the FBI is already a rogue agent in the game, from head to tail, and wholly unresponsive to the needs of the republic. The less the part they play in things, and the sooner they are disbanded completely as precisely the NKVD/KGB they have become, the better for the nation.