Acknowledging ascertainable facts relative to the Alien Enemies Act of 1798

[johnwk]

No hearing before judge required under Alien Enemies Act​

The fact is, under the Act of July 6, 1798, “An Act respecting Alien Enemies” aliens were deported without a hearing before a United States judge. See: Ludecke v. Watkins (1948)

Justice Frankfurter observed:

“It is not for us to question a belief by the President that enemy aliens who were justifiably deemed fit subjects for internment during active hostilities do not lose their potency for mischief during the period of confusion and conflict which is characteristic of a state of war even when the guns are silent, but the peace of Peace has not come. These are matters of political judgment for which judges have neither technical competence nor official responsibility.”

The Court also held: The Alien Enemy Act precludes judicial review of the removal order, Pp. 335 U. S. 163-166.

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798

“Mr. O. believed, therefore, that it would be best to vest a discretionally power in the Executive to secure and take care that these men should do no injury. And this could not be looked upon as a dangerous or exorbitant power, since the President would have the power, the moment war was declared, to apprehend the whole of these people as enemies, and make them prisoners of war. And in case of a predatory incursion, made on this country, there might be as much reason for securing some of them as in case of actual war or invasion.”

Also see:

"Mr. Sewall said, the Committee for the Protection of Commerce and Defence of the Country, to whom it was referred to inquire into what measures would be proper to be taken respecting aliens, were of opinion their instructions did not go to a sufficient extent, and directed him to propose to the House the following resolution for adoption:

“ Resolved, That the committee on that part of the President’s Speech which relates to commerce and the defence of the country, be authorized to consider the danger which may result by means of aliens and other disaffected or seditious persons residing within the United States, and what measures ought to be taken for securing, removing, or otherwise restricting such persons, and to report by bill or otherwise.” SOURCE House of Representative, May, 16th,1798.

The Alien Enemies Act and delegated Executive powers under it.​

Section 1, states:

Be it enacted "That whenever there shall be a declared war between the United States and any foreign Nation or Government, or any invasion, or predatory incursion, shall be perpetrated, attempted, or threatened, against the territory of the United States, by any foreign Nation or Government, and the President of the United States shall make public proclamation of the event, all natives, denizens, citizens, or subjects of the hostile Nation or Government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies;"

[There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].

With regard to Section 2, and:​

“. . . All courts of criminal jurisdiction—and also the judges of the courts of the U. States may receive and hear complaints against alien enemies and make an order thereon. . . “

the above words merely authorize judges of the courts of the United States to receive and hear complaints against alien enemies and make an order thereon. It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1 who are “. . . apprehended, restrained, secured, and removed, as alien enemies . . . " by the Executive branch of government.

Let us try to keep to ascertainable facts!​

 

[toobfreak]

[clip] aliens were deported without a hearing before a United States judge. There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].​

It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1.​

Put simply, the President of the United States does not serve at the pleasure of a single, local, appointed district judge. Even the Supreme Court who only hold co-equal status to the President, cannot do so to challenge a president without the joint effort of FIVE of them on the bench together simultaneously.

 

[okfine]

Here you go OP...

 

[RoshawnMarkwees]

I’m sure there is an appointed democrat judge out there who will overrule this.

 

[konradv]

No hearing before judge required under Alien Enemies Act​

The fact is, under the Act of July 6, 1798, “An Act respecting Alien Enemies” aliens were deported without a hearing before a United States judge. See: Ludecke v. Watkins (1948)

Justice Frankfurter observed:


The Court also held: The Alien Enemy Act precludes judicial review of the removal order, Pp. 335 U. S. 163-166.

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798


Also see:

The Alien Enemies Act and delegated Executive powers under it.​

Section 1, states:


[There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].

With regard to Section 2, and:​

“. . . All courts of criminal jurisdiction—and also the judges of the courts of the U. States may receive and hear complaints against alien enemies and make an order thereon. . . “

the above words merely authorize judges of the courts of the United States to receive and hear complaints against alien enemies and make an order thereon. It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1 who are “. . . apprehended, restrained, secured, and removed, as alien enemies . . . " by the Executive branch of government.

Let us try to keep to ascertainable facts!​

We were actually at war at the time and only men were detained.

 

[johnwk]

Here you go OP...

Judge Boasberg is engaging in judicial tyranny!
The only deportees required to be brought before a judge (judge Boasberg) are those who have “complaints” against them as mentioned in Section 2 of the Alien Enemies Act.

Those with a “warrant of the President” as mentioned in Section 3, are to be “. . . apprehended, restrained, secured, and removed, as alien enemies" as mentioned in Section 1.

Note that Section 3, lays out the duty of the marshal to cause removal of identified aliens who " have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be."

 

[konradv]

Judge Boasberg is engaging in judicial tyranny!
The only deportees required to be brought before a judge (judge Boasberg) are those who have “complaints” against them as mentioned in Section 2 of the Alien Enemies Act.

Those with a “warrant of the President” as mentioned in Section 3, are to be “. . . apprehended, restrained, secured, and removed, as alien enemies" as mentioned in Section 1.

Note that Section 3, lays out the duty of the marshal to cause removal of identified aliens who " have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be."

That covers the underlings, but Trump is still a fascist criminal.

 

[0311]

No hearing before judge required under Alien Enemies Act​

The fact is, under the Act of July 6, 1798, “An Act respecting Alien Enemies” aliens were deported without a hearing before a United States judge. See: Ludecke v. Watkins (1948)

Justice Frankfurter observed:


The Court also held: The Alien Enemy Act precludes judicial review of the removal order, Pp. 335 U. S. 163-166.

Alien Enemies Act does not require actual war to invoke the Act​

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, e.g. see H. of R., Alien Enemies, May, 22nd, 1798


Also see:

The Alien Enemies Act and delegated Executive powers under it.​

Section 1, states:


[There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].

With regard to Section 2, and:​

“. . . All courts of criminal jurisdiction—and also the judges of the courts of the U. States may receive and hear complaints against alien enemies and make an order thereon. . . “

the above words merely authorize judges of the courts of the United States to receive and hear complaints against alien enemies and make an order thereon. It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1 who are “. . . apprehended, restrained, secured, and removed, as alien enemies . . . " by the Executive branch of government.

Let us try to keep to ascertainable facts!​

When did the United States of America Declare War on Venezuela. The act specific, we must at war and we are not!

 

[Hollie]

That covers the underlings, but Trump is still a fascist criminal.

You spend way too much time binge watching The View

 

[Hollie]

When did the United States of America Declare War on Venezuela. The act specific, we must at war and we are not!

False. There is no requirement for the US to be at war with a foreign nation.

 

[konradv]

You spend way too much time binge watching The

LO!!! Is that still on?

 

[SaxonJackson]

When a cancer forms in the body you cut it out with or without permission.

 

[Mac-7]

When did the United States of America Declare War on Venezuela. The act specific, we must at war and we are not!

That Ghat line was crossed decades ago

Presidents of both parties have engaged in war without congress declaring war many times

 

[Care4all]

That Ghat line was crossed decades ago

Presidents of both parties have engaged in war without congress declaring war many times

The Act makes no exception.

We are not in a declared war with Venezuela, we are not even in an undeclared war with Venezuela.

 

[kyzr]

The Act makes no exception.
We are not in a declared war with Venezuela, we are not even in an undeclared war with Venezuela.

We are at war with drug cartels and criminal gangs.

Biden let 600,000 convicted criminals into the US, and all democrats want to do is register them to vote, we want them out.

 

[Care4all]

We are at war with drug cartels and criminal gangs.

Biden let 600,000 convicted criminals into the US, and all democrats want to do is register them to vote, we want them out.

You can get the gang members out legally, without lying about being at war with Venezuela and illegally using this Act in this illegal manner.

Got that?

 

[kyzr]

You can get the gang members out legally, without lying about being at war with Venezuela and illegally using this Act in this illegal manner.
Got that?

Getting them out using the Act is legal, faster, and cheaper, no need to pay for their lawyers.

How many more American girls do you want killed before getting these criminals out?

 

[Mac-7]

The Act makes no exception.

We are not in a declared war with Venezuela, we are not even in an undeclared war with Venezuela.

Military Force—Without Declaration of War​

President Ronald Reagan invaded Grenada. President George H.W. Bush invaded Panama and Somalia. President Bill Clinton used military force in Iraq, Haiti, Bosnia, Afghanistan, Sudan and Kosovo all without congressional approval. (President George W. Bush didn’t declare war on Afghanistan or Iraq, but Congress authorized the use of military force for those engagements). President Barack Obama ordered targeted military strikes in Libya in 2011 and dozens of unmanned drone strikes in Pakistan without congressional approval.

https://www.history.com/articles/us-presidents-war-powers-congress

 

[Care4all]

Getting them out using the Act is legal, faster, and cheaper, no need to pay for their lawyers.

How many more American girls do you want killed before getting these criminals out?

Nope! It's not legal to use the act to expedite it.

You can hold dangerous alien gang members, and deport them, without breaking the Constitution and the law by illegally using this act under false pretense to deport them....

Follow the law, or you become the lawless.

STOP this silly madness!

 

[kyzr]

Nope! It's not legal to use the act to expedite it.
You can hold dangerous alien gang members, and deport them, without breaking the Constitution and the law by illegally using this act under false pretense to deport them....
Follow the law, or you become the lawless. STOP this silly madness!

We don't have space to hold them until they get a hearing, that could take 10 years.

Trump is following the law, the Act is legal. The USSC needs to make a call ASAP.