Acknowledging ascertainable facts relative to the Alien Enemies Act of 1798

[0311]

The Alien Enemies Act Explained.

The Alien Enemies Act, Explained

This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime.

www.brennancenter.org

Paragraph Three:

Under What Conditions Can the President Invoke The Alien Enemies Act?

The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

No war has been declared. No military invasion. Noo military incursion. No authority to use this act can be claimed.,

 

[johnwk]

The Alien Enemies Act Explained.

The Alien Enemies Act, Explained

This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime.

www.brennancenter.org

Paragraph Three:

Under What Conditions Can the President Invoke The Alien Enemies Act?

The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

No war has been declared. No military invasion. Noo military incursion. No authority to use this act can be claimed.,

No “predatory incursion” ?
The fact is, the 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

“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.

 

[M14 Shooter]

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

So.... You cannot copy/paste the text to the effect you claimed.
Thanks.

 

[M14 Shooter]

But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

And who has that authority to decide?
The President.
Thus, the invocation of the law and the deportations related to same.