By the government of a foreign Nation finishes those ... (Dots)
A judge ruled as I thought it meant by the simple reading of the Act. It is a WAR TIME Power not meant to be abused so easily.
According to you, but not according to the very intentions of those who created the Act.
What you ignore is, during the time period (1798) when Congress enacted The Alien Enemies Act,
Congress had an unambiguous intention to protect the United States from disaffected or seditious persons residing within the United States, e.g. on May 16th,1798 we find the following:
ALIENS.
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 . . . ” SOURCE
And later, on May, 22nd, Congressional Record, House of Representatives, page 1791, we find:
“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.”___
LINK
As it turns out, all the crap about an actual war being required is made up crap, unsupported by the legislative intent of the AEA.
Judge Rodriguez has taken the liberty to attach his personal views of fairness, reasonableness, and justice to the Alien Enemies Act in order to subvert the very intentions 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 from American soil who may pose a threat to the general welfare of the United States and her citizens
JWK
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968