The Alien Enemies Act: Why the Judge blocking it is wrong

[Crepitus]

United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936) in a 7-1 ruling said that the Presidential power regarding foreign affairs aren't necessarily limited to the enumerated powers in the Constitution, instead deriving them from national sovereignty.

I infer this case as giving Trump to power to invoke the act as Curtiss-Wright grants him wider latitude on foreign affairs.

Justice George Sutherland wrote:

"The broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs. In that field, the primary purpose of the Constitution was to carve from the general mass of legislative powers then possessed by the states such portions as it was thought desirable to vest in the federal government... It is no less true that the federal government, except as restricted by the Constitution, has all the powers of sovereignty in international relations." (299 U.S. at 315-316)"

Given that TdA are citizens of a foreign country, Venezuela, you could argue that it is a foreign affair, and as such is a predatory incursion.

Justice Sutherland also wrote:

"Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation." (299 U.S. at 319)

I infer that to be deference to the executive to determine what is a threat and on matters of national security.

Also Sutherland:

"It is quite apparent that if, in the maintenance of our international relations, embarrassment—perhaps serious embarrassment—is to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved." (299 U.S. at 320)

I would guess here Sutherland is arguing for flexibility for the Executive in conduction of foreign affairs.

Now prove that those folks are members of the gang.

 

[TemplarKormac]

It's pretty obvious he's not wrong.

According to what? You?

What metric are you using? The Judge's authority?

 

[Crepitus]

.
Once again the LIBs are moaning about a law that is on the books. They didn't want it there...they should have used the Constitutional process and removed it...not wait to use it as political cannon folder.

Misapplication of a law.

 

[TemplarKormac]

Now prove that those folks are members of the gang.

Everyone acknowledges they are members of the gang.

Pull that head of yours out those cavernous cheeks and read for once. There is no question.

 

[TemplarKormac]

Misapplication of a law.

How?

 

[Crepitus]

Oh boy, that's a convincing argument.

It would be if tRumplings still had control of their own brains.

 

[okfine]

I'm not the one sucking his scrote like a suckling on a cow's teat.

Got anything better than appealing to authority?

You're now in the toilet. I took your spindly assed legs from out from under you. Now go finish your pudding.

 

[Crepitus]

How?

Not at war.

Not being invaded.

Can't even prove these people were from the country in question.

 

[TemplarKormac]

Not at war.

Not being invaded.

Can't even prove these people were from the country in question.

Predatory incursion.

Complicity through inaction by a foreign nation-state.

Arrest records prove who they were and where they came from.

 

[Crepitus]

Predatory incursion.

Complicity through inaction by a foreign nation-state.

Arrest records prove who they were and where they came from.

No incursion, predatory or otherwise

No complicity with the foreign government.

And I'd like to see the arrest records.

 

[TemplarKormac]

No incursion, predatory or otherwise

No complicity with the foreign government.

Complicity through inaction by the Venezuelan government (AKA the Maduro regime), allowing TdA to fester and grow, run the prisons within that country, and run roughshod. Emboldened, they chose to take this action elsewhere, including to the US.

 

[TemplarKormac]

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.24.0_2.pdf

 

[JGalt]

If I were one of the president's lawyers arguing for the use of the Alien Enemies Act, I would argue that the Maduro regime, through failure to contain TdA, allowing it to act freely and openly within its borders and allowing it to act on US soil, was complicit in its activity. Therefore, I would argue that Venezuela behaves like a foreign enemy actor through malicious complicity. I then would cite Ludecke v. Watkins, 335 U.S. 160 (1948), which says judicial orders are precluded when it comes to removal and detention of enemy actors within the U.S.

I would contend that Trump is acting well within his power.

It almost seems like our system of government is now being controlled by scumbag liberal lawyers who are legislating from the bench.