Replies

I do not think it would setup a "constitutional crisis" at all, since he does have the authority to cease immigration completely, or even selectively.

What he should do is threaten to:

rescind his original Executive Order and issue a new Executive Order ceasing all immigration for a period of time.

Furthermore, he should state that he will expand his order to include the cessation of H1B visas and will direct all of those here on visas for educational purposes to return to their home countries immediately. Then state he will direct the schools to refund all tuition money that they have received to be fair to the students regarding his order.

Lastly he should state he will ask Congress for a declaration of war against ISIS.

He should then finish off his threat that the Democrats and judicial activism have forced him to apply the ban across the board to eliminate the courts claim that his order is unconstitutional or discriminatory in nature.

That he knows he does have the constitutional authority with his original executive Order, but that he wants to abide by the courts decision that he cannot limit it to certain nations, even though there has been precedents set by former Presidents who have issued this same exact limited immigration ban.

Under U.S. Code, the president does have the statutory authority to keep anyone out of the country, for any reason he thinks best. Per 8 USC §1182:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Then sit back and watch the Democrats squirm. On what Constitution grounds could they claim it to be illegal or unconstitutional, since it is clearly spelled out in the Constitution that the President has that authority.

This would rock the entire world, but especially the liberal world who know that their in nothing unconstitutional about it whatsoever. It may also cause the silent majority to arise to the occasion calling for Congress to impeach these judicial activist sitting on our court systems.

Now the Democrats would be in a real quandary of their own making, and nothing at their disposal to stop him with. Perhaps then they will shut up and rethink their strategy before they inflict even more damage to their cause célèbre.