He won't answer, he will deflect, move goal posts, or hurl insults. Because he knows he is wrong....
The Alien Enemies Act - 1798
- Thread starter dolf
- Start date
Calm down, MAGAt. Listen to the Chief Justice. If your cult leader doesn't like a court decision, he can appeal.
None of the MAGAt goons are going to be frog-walking this judge out of the courtroom to Gitmo as part of the MAGAts' MARCH MADNESS.
Geez you MAGAts love to be hysterical
HisArpy
Loose canon extraordinair
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Of course he can appeal - the DOJ is doing exactly that. He can also voice his complaints against the rogue judge.
And the best part? YOU don't get a say in whether he does or doesn't. All you can do is cry about it.
HisArpy
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Lol, you are so cute when you try to act smart.
SgtSpiderMan
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So which is it, do we need a branch of government to interpret laws or are laws indisputable?
Lance_Castro
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The good thing about politicians having stupid people working for then is they act as automatic shields from culpability?
HisArpy
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Go bark at a squirrel and then come back and tell us it was Elon Musk.
Actually, there is considerable doubt about that. Remember, the people deported included, for example, the football player Jerce Reyes Barrio and the tattoo artist Franco Jose Caraballo Tiapa who are NOT gang members and who were not accused of any crime.
Boasberg simply reaffirmed an order blocking Trump from using wartime powers for deportation. That is no mess.
Rightguide
Prof Triggernometry
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Here is my final argument summing up all of the reasons you are under-educated and eternally wrong:
The President’s Exclusive Authority Under the Alien Enemies Act and the Political Question Doctrine
The President of the United States, under the Alien Enemies Act (50 U.S.C. § 21–24), possesses the sole authority to determine who qualifies as a foreign enemy and whether an invasion or predatory incursion has occurred. This authority is not subject to judicial review, as it falls squarely within the Political Question Doctrine and the constitutional powers vested in the Executive Branch.
1. The Alien Enemies Act Grants the President Unilateral Authority
The Alien Enemies Act, passed in 1798 and still in effect, explicitly states that the President has the power to act whenever:
- There is a declared war, OR
- An invasion or predatory incursion is perpetrated, attempted, or threatened by any foreign nation or government.
This statutory language is clear,,a formal declaration of war is NOT required for the President to act. Instead, the law grants the President the authority to assess threats independently and take necessary action against foreign non-citizens who enter the country unlawfully and pose a national security risk.
The statute further specifies that once the President has made a public proclamation regarding an invasion or incursion, all non-citizens from hostile foreign entities may be subject to apprehension, restraint, or removal. No approval from Congress or the judiciary is required.
2. The Political Question Doctrine Prohibits Judicial Interference
The Political Question Doctrine, as established in Baker v. Carr (1962) and reinforced in Nixon v. United States (1993), dictates that certain issues—particularly those involving national security, foreign affairs, and war powers—are committed exclusively to the political branches and are nonjusticiable by the courts.
Two key factors that apply:
Textual Commitment to the Executive – Article II of the Constitution vests war powers, national defense, and foreign affairs solely in the President. The Alien Enemies Act reinforces this by delegating the exclusive authority to determine an invasion or incursion to the President.
Lack of Judicially Manageable Standards – Federal courts lack the institutional competence to determine what constitutes an invasion or incursion. These are strategic military and foreign policy matters that belong solely to the Executive Branch.
Any attempt by inferior federal courts to intervene in the President’s determination would be unconstitutional, as it would directly violate the separation of powers.
3. The Inferior Federal Courts Lack Jurisdiction Over This Matter
Under Article III of the Constitution, inferior federal courts only have the jurisdiction granted to them by Congress. In matters of national defense, foreign relations, and enemy classification, jurisdiction has not been conferred upon the judiciary.
Additionally, Ex Parte Quirin (1942) reaffirmed that enemy combatant determinations fall exclusively under Executive authority. Federal courts do not have the power to:
Second-guess the President’s determination of a foreign enemy.
Interfere with the President’s enforcement of the Alien Enemies Act.
Grant protections to foreign nationals who are illegally present and classified as enemies.
Since federal courts have no constitutional or statutory jurisdiction in this matter, any attempt to adjudicate the President’s determination under the Alien Enemies Act would be ultra vires (beyond their legal authority) and void.
4. The President’s Article II Authority Over Foreign Threats Is Supreme
The Constitution vests in the President:
Commander-in-Chief power (Article II, §2) – The President is responsible for defending the nation from foreign incursions.
Take Care Clause (Article II, §3) – The President must enforce the law, including the Alien Enemies Act, without judicial interference.
Foreign Affairs Power – Courts have consistently recognized that immigration, national security, and foreign policy decisions rest solely with the Executive (United States v. Curtiss-Wright Export Corp., 1936).
Because foreign non-citizens unlawfully entering the country do not have constitutional protections against removal as enemy aliens, the President's classification of such persons is final and unchallengeable in court.
5. Illegal Entry as an Invasion or Predatory Incursion
The Act’s language does not limit “invasion or incursion” to traditional military forces. If foreign non-citizens unlawfully enter the U.S. in a manner that threatens national sovereignty or security, they can be classified as engaging in an incursion or invasion. The determination of whether such an event has occurred is exclusively within the President’s discretion.
By the express terms of the Alien Enemies Act, once the President declares an incursion or invasion is occurring, all foreign nationals involved are subject to immediate removal without judicial interference.
Conclusion: The President’s Authority Is Exclusive and Nonjusticiable
The Alien Enemies Act vests the President with unilateral authority to determine foreign enemies and invasions—without requiring a declaration of war.
The Political Question Doctrine prohibits courts from interfering with Executive determinations on national security and foreign threats.
Inferior federal courts lack constitutional and statutory jurisdiction over this matter.
Article II of the Constitution grants the President supreme authority over matters of national defense, including the classification of foreign enemies.
For these reasons, only the President has the power to determine who is a foreign enemy and whether an invasion or incursion is occurring, and this determination is final, binding, and beyond judicial review.
Lance_Castro
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There are soooo many illegal things this Administration will do!
They need one of those Law Breakin odometers spinning fast like the Iraq War Cost Counter.
Lol
“Trump officials accidentally texted military strike plans to journalist” oops
They need one of those Law Breakin odometers spinning fast like the Iraq War Cost Counter.
Lol
“Trump officials accidentally texted military strike plans to journalist” oops
Lance_Castro
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I haven’t checked… does Yemen have oceanfront property?
Just checked… hell yeah, it’s Trump Oasis pre-approved!
Lol
Just checked… hell yeah, it’s Trump Oasis pre-approved!
Lol
ll74
Your Best Friend
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Forum rules much?
We aren't t war. We aren't being invaded. We aren't being threatened by another nation or government
No matter what your chatgpt tells you
Even when they deport the bad guys, the USA government screws up!
. . .César Humberto López-Larios, an alleged top leader of the MS-13 gang who US investigators believe has information that could implicate top Salvadoran government officials in possibly corrupt deals with the violent gang, was deported on one of the controversial flights, according to current and former US officials and court documents. . . .
. . . But bringing MS-13 leaders to face charges in the US has been a top priority for the Justice Department, and the transfer is a major loss of potential intelligence for investigators who helped track down López-Larios for his arrest in Mexico last year, current and former officials say.
“It’s a historical loss,” says a former federal agent who spent years working on MS-13 and other gang cases. “He was a potential high-level source. And he doesn’t get to face US justice.” . . .
. . .César Humberto López-Larios, an alleged top leader of the MS-13 gang who US investigators believe has information that could implicate top Salvadoran government officials in possibly corrupt deals with the violent gang, was deported on one of the controversial flights, according to current and former US officials and court documents. . . .
. . . But bringing MS-13 leaders to face charges in the US has been a top priority for the Justice Department, and the transfer is a major loss of potential intelligence for investigators who helped track down López-Larios for his arrest in Mexico last year, current and former officials say.
“It’s a historical loss,” says a former federal agent who spent years working on MS-13 and other gang cases. “He was a potential high-level source. And he doesn’t get to face US justice.” . . .
Rightguide
Prof Triggernometry
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We don't need to be at war, and only the President has the authority to decide.
ll74
Your Best Friend
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ChinoMoreno
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Rotadom
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ZOMG!LMFAO!LOL!
Why are you posting like the tween girl you wish you could legally bang?
On the other hand, Canada and Greenland might feel that they're being threatened. I wonder what their laws say about such circumstances?
Rotadom
Satan's Plaything
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Me or the Pedro?
Mr Hegseth is your Secretary of Defence.
Rotadom
Satan's Plaything
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That wasn't the question. Are you drinking with Pete now?
Oh! You thought when I said PEDRO it meant Secretary of DUI.
No, I mean Lance, the lover of young boys of a certain age group.
