Thank you. The legislative branch has 3 remedies IF a president ever abuses his lawful executive powers:
1. Change the law. Since the president has veto power, this implies they must have a veto-proof majority support for such legislation. (Current law provides for a wall / barrier on our southern border.)
2. Change the executive powers provided for in the Constitution by amending it. This also requires more than a simple majority.
3. Convict and impeach such a president for committing high crimes and misdemeanors if he has done so. A simple majority cannot do this either.
Asking the courts to take over the duties of the president to execute his office is NOT a lawful or constitutional remedy even IF a president abuses his power.
The courts may have jurisdiction over some minor aspects of border security, such as the fair compensation to landowners when land is taken for federal use. If a citizen or lawful resident is arrested for a crime in conjunction with border security enforcement, the courts insure things like the right to a speedy trial and reasonable bail. And unfortunately, due to the criminal stupidity of our legislators, the courts have some jurisdiction over what happens to those who illegally cross our borders and are apprehended by border security while doing so.
But the bottom line is there MUST always be a remedy. The courts and the legislature can not lawfully or constitutionally prevent the president from exercising his sworn duties.
In my opinion, the president’s Constitutional authority to protect the nation is so great that it should supersede any legislative act that grants the right to asylum hearings to illegal border crossers. Further, when such laws cause the president to be hamstrung in terms of budget or logistics, he should have wide latitude to do WHATEVER IT TAKES to protect the nation.
This being so means that the president should have the power to order border security and the military to immediately deport illegal border crossers or force them back across the border where they came from. They can wait in line for asylum hearings OUTSIDE of our country. It is not our duty to allow unvetted migrants to enter our country or to provide for an unlimited number of them. If Congress demands to provide for them, Congress must allocate the funds to do so. When those funds run out, the president cannot simply stop doing his job to protect the nation.
I agree, wholeheartedly. And then there's 8 U.S. Code § 1182, entitled “Inadmissible aliens,”:(Not that he needs Congress' permission)
Suspension of entry or imposition of restrictions by President 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 nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline