Posted on 03/19/2025 2:48:06 PM PDT by 7thson
Question for everyone.
Why can't the Trump administration basically inform these courts - by a nationwide press conference/speech, by a letter, and/or in person DOJ attorneys - that because of the 1948 Supreme Court decision, the only court that the President will pay attention to is the USSC. That this administration will continue to do what it is doing and lower courts have no lawful basis in attempting to dictate Executive policy?
I'm going out to dinner now and will read your responses upon my return.
None of the TaV gang bangers are citizens.
Bummer.
congress needs to pass a law limiting nationwide injections to the supreme court.
exactly, the court wouldn’t be shy about telling the executive branch or the congress to pound sand if they attempted to infringe on their powers!
assign every Obama and Biden judge to a 1 inch square in northern Alaska.
That would be quite legal for Congress to do.
Ludecke v. Watkins, 335 U.S. 160 (1948)
Held:1. The Alien Enemy Act precludes judicial review of the removal order. Pp. 335 U. S. 163-166.
2. In the circumstances of relations between the United States and Germany, there exists a "declared war" notwithstanding the cessation of actual hostilities, and the order is enforceable. Pp. 335 U. S. 166-170.
3. The Alien Enemy Act, construed as permitting resort to the courts only to challenge its validity and construction, and to raise questions of the existence of a "declared war" and of alien enemy status, does not violate the Bill of lights of the Federal Constitution. Pp. 335 U. S. 170-171.
At 170-71
This brings us to the final question. Is the statute valid as we have construed it? The same considerations of reason, authority, and history, that led us to reject reading the statutory language "declared war" to mean "actual hostilities," support the validity of the statute. The war power is the war power. If the war, as we have held, has not in fact ended, so as to justify local rent control, a fortiori, it validly supports the power given to the President by the Act of 1798 in relation to alien enemies. Nor does it require protracted argument to find no defect in the Act because resort to the courts may be had only to challenge the construction and validity of the statute and to question the existence of the "declared war," as has been done in this case.
See also current law.
Title 50 - War and National Defense
Chapter 3 - Alien Enemies
https://law.justia.com/codes/us/title-50/chapter-3/sec-21/
50 U.S.C. § 21Sec. 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. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
https://law.justia.com/codes/us/title-50/chapter-3/sec-22/
50 U.S.C. § 22§22. Time allowed to settle affairs and depart
When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.
https://law.justia.com/codes/us/title-50/chapter-3/sec-23/
50 U.S.C. § 23§23. Jurisdiction of United States courts and judges
After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.
Which is too bad.
This is an interesting clause. We aren't at war with Mexico -- yet! -- but we are being invaded by a non-sovereign, i.e., drug gangs declared by the president to be terrorists. This is a gray area, and I'm not sure how the Supreme Court would rule once this gets out of the district courts.
Even the Supreme Court has limited authority to say what the President can or can’t do.
Re. A blast from the past! Obama was a pioneer in the credit card massive amounts of foreign money, money-laundering schemes. NY Post: Obama campaign accepted illegal foreign Web donations — and may be hiding many more: http://cdrkerchner.wordpress.com/2012/10/21/ny-post-obama-campaign-accepted-foreign-web-donation-and-may-be-hiding-more/ Feel free to forward this to investigators and sleuths working on the latest reported ActBlue money laundering scam.
No rescue is needed.
One of the articles I read today said that he has bent over backwards to do what the courts ask of him, essentially reeling them out until they get so far out, there’s no way for them to go back. And he stands there blameless.
When organizations work with each other, it’s usually on a level-to-level basis. E.g. president to president. You wouldn’t have lower level employees interfacing, and dictating, with another company without the most senior people filtering, and deciding on, what is being said.
Why should the co-equal branches of government be any different? If lower level courts have an issue with the executive branch, especially POTUS, then the discussion should be held between the SC and POTUS, the SC should not be allowing ‘lower level employees’ run the decision making of the highest level of another branch.
Such issues, from lower level judges, should immediately be escalated to higher levels, up to the SC, before they’re expected to be followed. The structure of this seems all wrong.
I would think Trump has ability for next SC appointment to appoint some one to take over as Chief Justice, bumping Roberts out of that seat. Roberts is not in good behavior (in line with Constitution and his position abilities) more than once already inTrump’s term
I would think also a number of these other judges are not making remarks or rulings in good behavior (with the Constitution on matters)
We can't send Obama judges to Siberia, but we can send them to Iowa if they're assigned randomly.
I would suggest that Congress mandate that they use the same random algorithm that is used to assign Trump cases.
-PJ
And then just continue doing what you are doing, and let them take it up to the Supreme Court. By that time - no matter how the SC rules - President Trump will have done most of what he wants to get done.
America will be a distant memory. Probably this very year.
If interpreted to be an enemy government, then captured members would enjoy prisoner of war status, as did the Taliban when they became an official government.
This is the Alien Enemies Act. Not any aliens; enemies.
Black's Law Dictionary, 11th ed.
alien enemy. (17c) A citizen or subject of a country at war with the country in which the citizen or subject is living or traveling. — Also termed enemy alien.
The Congress has complete power over the DC circuit court. All they have to do is rule that the court has no jurisdiction over the executive branch. End of problem.
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