美国利益高于外国人权

《川普挑战人权高于主权》一文发表后，有“人权高于主权”的拥趸质疑：川普的禁穆令，不正是因为侵犯人权，而被法院暂时冻结了吗？然而说出真相恐怕会让这些粉丝大失所望：川普的禁穆令被冻结，是因为侵犯了州政府的地方利益，正如夏威夷法院在 Hawai’i v. Trump判决书中所指出：

Hawaii primarily asserts two proprietary injuries stemming from the Executive Order.

First, the State alleges the impacts that the Executive Order will have on the University of Hawaii system, both financial and intangible. There is evidence of a financial impact from the Executive Order on the University system. The University recruits from the six affected countries. It currently has twenty-three graduate students, several permanent faculty members, and twenty-nine visiting faculty members from the six countries listed.  The State contends that any prospective recruits who are without visas as of March 16, 2017 will not be able to travel to Hawaii to attend the University. As a result, the University will not be able to collect the tuition that those students would have paid. The State argues that the University will also suffer non-monetary losses, including damage to the collaborative exchange of ideas among people of different religions and national backgrounds on which the State’s educational institutions depend.  This will impair the University’s ability to recruit and accept the most qualified students and faculty, undermine its commitment to being “one of the most diverse institutions of higher education” in the world, 

The second proprietary injury alleged Hawaii alleges is to the State’s main economic driver: tourism. The State contends that the Executive Order will “have the effect of depressing international travel to and tourism in Hawaii,” which “directly harms Hawaii’s businesses and, in turn, the State’s revenue.” Tourism accounted for $15 billion in spending in 2015, and a decline in tourism has a direct effect on the State’s revenue.

For purposes of the instant Motion for TRO, the State has preliminarily demonstrated that: (1) its universities will suffer monetary damages and intangible harms; (2) the State’s economy is likely to suffer a loss of revenue due to a decline in tourism; (3) such harms can be sufficiently linked to the Executive Order; and (4) the State would not suffer the harms to its proprietary interests in the absence of implementation of the Executive Order. Accordingly, at this early stage of the litigation, the State has satisfied the requirements of Article III standing.

证据在前不容抵赖，川普的禁穆令之所以被冻结，是因为州政府成功论述了禁穆令会伤及地方经济，在教育、科研、旅游、就业等领域上会造成实际的损失，此则地方州政府之所以能胜诉联邦政府之关键原因。一帮“人权高于主权”的粉丝却一知半解，以为人权大过天，却不知道在政治的世界，利益往往才是决策的关键，实力才是真正左右大局的原因。“人权高于主权”的拥趸不懂装懂，拌葱加蒜，一副小眼睛看不清这个世界是如何运作，也无法理解这些实际的道理，沉湎于肤浅的口号，陶醉于空洞的理念，无怪乎时常闹出笑话，徒增笑柄而已。现实政治之复杂，真不是这些天真知识分子所玩得来的游戏，我劝这些人还是在家玩玩电子游戏就好，虽然虚拟，毕竟安全。