Acknowledging ascertainable facts relative to the Alien Enemies Act of 1798

[Care4all]

We don't have space to hold them until they get a hearing, that could take 10 years.

Trump is following the law, the Act is legal. The USSC needs to make a call ASAP.

Using the law without a declared war is ILLEGAL..... Says so right in the Act.

Follow the law.

End of story!

 

[kyzr]

Using the law without a declared war is ILLEGAL..... Says so right in the Act.
Follow the law. End of story!

WRONG. Read the law. There doesn't need to be a declared war.

"Be it enacted "That whenever there shall be a declared war between the United States and any foreign Nation or Government, or any invasion, or predatory incursion, shall be perpetrated, attempted, or threatened, against the territory of the United States, by any foreign Nation or Government, and the President of the United States shall make public proclamation of the event, all natives, denizens, citizens, or subjects of the hostile Nation or Government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies;"

 

[Mac-7]

Using the law without a declared war is ILLEGAL..... Says so right in the Act.

Follow the law.

End of story!

Military Force—Without Declaration of War​

President Ronald Reagan invaded Grenada. President George H.W. Bush invaded Panama and Somalia. President Bill Clinton used military force in Iraq, Haiti, Bosnia, Afghanistan, Sudan and Kosovo all without congressional approval. (President George W. Bush didn’t declare war on Afghanistan or Iraq, but Congress authorized the use of military force for those engagements). President Barack Obama ordered targeted military strikes in Libya in 2011 and dozens of unmanned drone strikes in Pakistan without congressional approval.

 

[johnwk]

When did the United States of America Declare War on Venezuela. The act specific, we must at war and we are not!

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, ( "Be it enacted "That whenever there shall be a declared war between the United States and any foreign Nation or Government, or any invasion, or predatory incursion. . ." ) nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798

“Mr. O. believed, therefore, that it would be best to vest a discretionally power in the Executive to secure and take care that these men should do no injury. And this could not be looked upon as a dangerous or exorbitant power, since the President would have the power, the moment war was declared, to apprehend the whole of these people as enemies, and make them prisoners of war. And in case of a predatory incursion, made on this country, there might be as much reason for securing some of them as in case of actual war or invasion.”
Also see:


"Mr. Sewall said, the Committee for the Protection of Commerce and Defence of the Country, to whom it was referred to inquire into what measures would be proper to be taken respecting aliens, were of opinion their instructions did not go to a sufficient extent, and directed him to propose to the House the following resolution for adoption:

“ Resolved, That the committee on that part of the President’s Speech which relates to commerce and the defence of the country, be authorized to consider the danger which may result by means of aliens and other disaffected or seditious persons residing within the United States, and what measures ought to be taken for securing, removing, or otherwise restricting such persons, and to report by bill or otherwise.” SOURCE House of Representative, May, 16th,1798.

​

 

[Care4all]

Military Force—Without Declaration of War​

President Ronald Reagan invaded Grenada. President George H.W. Bush invaded Panama and Somalia. President Bill Clinton used military force in Iraq, Haiti, Bosnia, Afghanistan, Sudan and Kosovo all without congressional approval. (President George W. Bush didn’t declare war on Afghanistan or Iraq, but Congress authorized the use of military force for those engagements). President Barack Obama ordered targeted military strikes in Libya in 2011 and dozens of unmanned drone strikes in Pakistan without congressional approval.

Let me know when we invade and attack the Venezuelan govt or when their govt engages in war against us......

 

[Mac-7]

Let me know when we invade and attack the Venezuelan govt or when their govt engages in war against us......

They already have by releasing an organized gang of killers from their prison and sending them to America

 

[Care4all]

They already have by releasing an organized gang of killers from their prison and sending them to America

Fake News.

 

[Dante]

No hearing before judge required under Alien Enemies Act​

The fact is, under the Act of July 6, 1798, “An Act respecting Alien Enemies” aliens were deported without a hearing before a United States judge. See: Ludecke v. Watkins (1948)

Justice Frankfurter observed:


The Court also held: The Alien Enemy Act precludes judicial review of the removal order, Pp. 335 U. S. 163-166.

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798


Also see:

The Alien Enemies Act and delegated Executive powers under it.​

Section 1, states:


[There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].

With regard to Section 2, and:​

“. . . All courts of criminal jurisdiction—and also the judges of the courts of the U. States may receive and hear complaints against alien enemies and make an order thereon. . . “

the above words merely authorize judges of the courts of the United States to receive and hear complaints against alien enemies and make an order thereon. It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1 who are “. . . apprehended, restrained, secured, and removed, as alien enemies . . . " by the Executive branch of government.

Let us try to keep to ascertainable facts!​

you appear a bit confused.

happens when imbeciles search online

 

[bendog]

No hearing before judge required under Alien Enemies Act​

The fact is, under the Act of July 6, 1798, “An Act respecting Alien Enemies” aliens were deported without a hearing before a United States judge. See: Ludecke v. Watkins (1948)

Justice Frankfurter observed:


The Court also held: The Alien Enemy Act precludes judicial review of the removal order, Pp. 335 U. S. 163-166.

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798


Also see:

The Alien Enemies Act and delegated Executive powers under it.​

Section 1, states:


[There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].

With regard to Section 2, and:​

“. . . All courts of criminal jurisdiction—and also the judges of the courts of the U. States may receive and hear complaints against alien enemies and make an order thereon. . . “

the above words merely authorize judges of the courts of the United States to receive and hear complaints against alien enemies and make an order thereon. It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1 who are “. . . apprehended, restrained, secured, and removed, as alien enemies . . . " by the Executive branch of government.

Let us try to keep to ascertainable facts!​

Are you attempting to say the Alien Enemies Act has only been used three times: 1812 and WWI and WWII
or is the AP link incorrect?

The Alien Enemies Act: What to know about a 1798 law that Trump has invoked for deportations

The Supreme Court has allowed the Trump administration to use a 1798 wartime law, the Alien Enemies Act, to deport Venezuelan migrants it accuses of being gang members, ending the temporary halt on deportations ordered by a federal district judge.

apnews.com

Whether courts would allow any potus to expand it to an undeclared war ..... honestly, I'm pretty sure the maga SC will.

 

[Care4all]

Are you attempting to say the Alien Enemies Act has only been used three times: 1812 and WWI and WWII
or is the AP link incorrect?

The Alien Enemies Act: What to know about a 1798 law that Trump has invoked for deportations

The Supreme Court has allowed the Trump administration to use a 1798 wartime law, the Alien Enemies Act, to deport Venezuelan migrants it accuses of being gang members, ending the temporary halt on deportations ordered by a federal district judge.

apnews.com

Whether courts would allow any potus to expand it to an undeclared war ..... honestly, I'm pretty sure the maga SC will.

IMO the right wing leaning SC might allow this to be called a war, (which is quite frightening to me)....but not without due process, that the Act itself requires....1. Proving they are non citizens 2. Proving they are part of the specific GANG identified by the executive administration.

Then they are out of here.

Courts will need to be beefed up, to make the process quick.

 

[bendog]

Using the law without a declared war is ILLEGAL..... Says so right in the Act.

Follow the law.

End of story!

Up till now, yes. Although Truman got to carry on with it after Germany surrendered, I think I read that.

Still the Act reads:

§21. Restraint, regulation, and removal​

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.

 

[0311]

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, ( "Be it enacted "That whenever there shall be a declared war between the United States and any foreign Nation or Government, or any invasion, or predatory incursion. . ." ) nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798

“Mr. O. believed, therefore, that it would be best to vest a discretionally power in the Executive to secure and take care that these men should do no injury. And this could not be looked upon as a dangerous or exorbitant power, since the President would have the power, the moment war was declared, to apprehend the whole of these people as enemies, and make them prisoners of war. And in case of a predatory incursion, made on this country, there might be as much reason for securing some of them as in case of actual war or invasion.”
Also see:


"Mr. Sewall said, the Committee for the Protection of Commerce and Defence of the Country, to whom it was referred to inquire into what measures would be proper to be taken respecting aliens, were of opinion their instructions did not go to a sufficient extent, and directed him to propose to the House the following resolution for adoption:

“ Resolved, That the committee on that part of the President’s Speech which relates to commerce and the defence of the country, be authorized to consider the danger which may result by means of aliens and other disaffected or seditious persons residing within the United States, and what measures ought to be taken for securing, removing, or otherwise restricting such persons, and to report by bill or otherwise.” SOURCE House of Representative, May, 16th,1798.

​

So many words meaning nothing. Yes, we do need to be at war. We ARE NOT at war. Felon47 broke the law......again,.

 

[M14 Shooter]

The act specific, we must at war and we are not!

The act -is- specific; we do -not- need to be at war.
If you read the act, you'll understand.
Maybe.

 

[M14 Shooter]

Using the law without a declared war is ILLEGAL..... Says so right in the Act.

Copy / paste the text to that effect.

 

[Care4all]

Up till now, yes. Although Truman got to carry on with it after Germany surrendered, I think I read that.

Still the Act reads:

§21. Restraint, regulation, and removal​

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.

So it is required,

we be at war with a nation or nation's government

Be 14years old or older

Not be a U.S. naturalized citizen.

THAT due process has to take place to meet the Act's requirements.

 

[bendog]

So it is required,

we be at war with a nation or nation's government

Be 14years old or older

Not be a U.S. naturalized citizen.

THAT due process has to take place to meet the Act's requirements.

I have not researched this, but it seems to me that the law was intended to apply in wartime, and when war seems imminent or likely.

We have and still are deploying troops to the southern border.

ANd I don't see a due process requirement there. But Trump is deporting everyone he sees who is brown and from Mexico, central and southern America. So, I admit I'm having some difficulty finding a fitting analogy to "war."

 

[Care4all]

I have not researched this, but it seems to me that the law was intended to apply in wartime, and when war seems imminent or likely.

We have and still are deploying troops to the southern border.

ANd I don't see a due process requirement there. But Trump is deporting everyone he sees who is brown and from Mexico, central and southern America. So, I admit I'm having some difficulty finding a fitting analogy to "war."

The alien deported has to be at minimum,14. That would have to be proven.

The alien deported can not be a citizen, they would have to be a citizen of the Nation we are at war with. That would also have to be proven, before deportation.

That is the required due process, given to the alleged alien enemy, BEFORE the act makes it legal to deport them.

 

[Care4all]

Copy / paste the text to that effect.

Read the ACT....

it says we have to be at war with a Nations govt or Nation.

It says we can not deport an alien enemy, unless they're older than14.

It says the deportee can not be deported if a naturalized citizen.

The law itself says this, which has been posted in the thread?

 

[0311]

So it is required,

we be at war with a nation or nation's government

Be 14years old or older

Not be a U.S. naturalized citizen.

THAT due process has to take place to meet the Act's requirements.

He did NOT fully and completely read what he had posted. The Alien Enemies Act requires the United States to be at war. So, I ask again. WHEN DID THE UNITED STATES DECLARE WAR ON ARGENTIA?

 

[Care4all]

He did NOT fully and completely read what he had posted. The Alien Enemies Act requires the United States to be at war. So, I ask again. WHEN DID THE UNITED STATES DECLARE WAR ON ARGENTIA?

Or Venezuela?