Alien Enemies Act vests President with unobstructed discretionary deportation power.
Judge Henderson, in her WRITTEN OPINION, repeatedly took quotations out of their context, when the Alien Act was being debated and created, to support her conclusions. Hopefully Trump’s lawyers, when appealing her ruling, document and expound upon her willful misrepresentations concerning the legislative intent of the Act.
The bottom line is, the very purpose and legislative intent of the Alien Enemies Act was to provide the President with extraordinary power, including unobstructed discretionary deportation power, to deal with and remove aliens on American soil who may pose a threat to the general welfare of the United States and her citizens.
Judge Henderson is a disgrace to our legal system.
I like this version of Trump much better than the one who was concerned about getting elected again. I type this in spite of the rhetorical flare he tossed to the media over the weekend.
a) He has that power, but that power has never been ruled to be a “kill them all, let God sort them out” kind of power
b) The courts can absolutely rule on whether the terms that allow the AEA to be cited are in force.
Even the folks at The National Review think Trump’s move to cite the AEA is foolish and without grounds, and that current immigration law gives Trump the power he needs to clean up “Biden’s mess” (well except for that pesky thing where the GOP Congress would have to get off its collective asses and stop ceding all their power to Trump).
My heart is in the northeast, as in New England. Couldn’t be more different.
Unfortunately, my wife is from Colorado. That is where I currently reside. At least I get my four seasons. Central California was like a foreign country to me.
President’s discretionary power under Alien Sedition Acts
See the CONGRESSIONAL DEBATES: ALIEN ENEMIES, pages 1790-1791 where Representative Otis defends the bill and discretionary power delegated to the president under the Alien Sedition Acts:
“Mr. O. believed, that, to provide for this detention of the person, was all Congress could now do. If the bill was recommitted, he did not think any definite provision could be made. It was necessary the President should have the power of judging in this case, and that punishment ought not to depend upon the slow operations of a trial.”
Ignoring the very legislative intent of the Alien Sedition Acts, e.g., See the CONGRESSIONAL DEBATES: ALIEN ENEMIES pages1790-1791 where Representative Otis defends the bill and discretionary power delegated to the president under the Alien Sedition Acts:
“Mr. O. believed, that, to provide for this detention of the person, was all Congress could now do. If the bill was recommitted, he did not think any definite provision could be made. It was necessary the President should have the power of judging in this case, and that punishment ought not to depend upon the slow operations of a trial.”
Keep in mind in Hawaii v. Mankichi, 190 U.S. 197 (1903) our Supreme Court indicated:
“A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law.”
Our Supreme Court has also instructed that:
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)
The bottom line is, the very purpose and legislative intent of the Alien Enemies Act was to provide the President with extraordinary power, including unobstructed discretionary deportation power, to deal with and remove aliens on American soil who may pose a threat to the general welfare of the United States and her citizens.
Judge Henderson is a disgrace to our legal system.