Trump the 9th Circus

[Bigun]

Trump the 9th Circus



February 10, 2017, 12:04 am


Congress has the power to constitute — and reconstitute — the federal courts. That’s a power it might consider using.


Before we get started, let’s agree on three things which are inarguable.

First, that the U.S. Constitution vests plenary power in the President of the United States where foreign policy is concerned.

Federal law, moreover, defines that power to include immigration. Section 212(f) of the Immigration and Nationality Act of 1952 states:

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.

Therefore, if Donald Trump believes that people from Trinidad and Tobago, or Sri Lanka, or Iceland are bad news for the United States of America, regardless of the quality of his analysis in forming that belief, he is given power under federal law to ban those people from coming to the United States.

Excerpt. Much more at link below.

https://spectator.org/trump-the-9th/

[Maj. Bill Martin]

I get what the Spectator is saying, but they're looking at the wrong remedy.  The Constitution provides a much better one.  Essentially, it would be perfectly proper for Congress to either 1) deprive any court of the right to hear cases relating to the ability of the President or Congress to control immigration, or 2) limit that power to the Supreme Court alone.  1) would be a firestorm, but 2) might actually be a very good idea.

Just to explain the point, the Constitution didn't actually create the district and circuit courts.  The Constitution only gave to Congress the power "To constitute Tribunals inferior to the Supreme Court".  That includes the power to define the jurisdiction of those inferior courts, so Congress could simply deprive lower courts of the power to hear certain classes of immigration cases.  That would prevent nutty lower courts from making rulings regarding controlling immigration into this country.

[Bigun]

I get what the Spectator is saying, but they're looking at the wrong remedy.  The Constitution provides a much better one.  Essentially, it would be perfectly proper for Congress to either 1) deprive any court of the right to hear cases relating to the ability of the President or Congress to control immigration, or 2) limit that power to the Supreme Court alone.  1) would be a firestorm, but 2) might actually be a very good idea.

Just to explain the point, the Constitution didn't actually create the district and circuit courts.  The Constitution only gave to Congress the power "To constitute Tribunals inferior to the Supreme Court".  That includes the power to define the jurisdiction of those inferior courts, so Congress could simply deprive lower courts of the power to hear certain classes of immigration cases.  That would prevent nutty lower courts from making rulings regarding controlling immigration into this country.

That is certainly one of the many possible courses of action. 

[Doug Loss]

I get what the Spectator is saying, but they're looking at the wrong remedy.  The Constitution provides a much better one.  Essentially, it would be perfectly proper for Congress to either 1) deprive any court of the right to hear cases relating to the ability of the President or Congress to control immigration, or 2) limit that power to the Supreme Court alone.  1) would be a firestorm, but 2) might actually be a very good idea.

Just to explain the point, the Constitution didn't actually create the district and circuit courts.  The Constitution only gave to Congress the power "To constitute Tribunals inferior to the Supreme Court".  That includes the power to define the jurisdiction of those inferior courts, so Congress could simply deprive lower courts of the power to hear certain classes of immigration cases.  That would prevent nutty lower courts from making rulings regarding controlling immigration into this country.

Alternatively, Congress could restrict the geographical jurisdiction of the 9th to the city limits of San Francisco, and create the 12th and 13th Circuit Courts to take over the jurisdictions of the states now no longer under the thumbs of the 9th Circus.

[Fishrrman]

Any remedy as discussed above will require the nuclear option in the Senate.

Is that going to happen?