"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Friday, February 10, 2017

U.S. President Trump's Immigration Order Analyzed at FactCheck.org : The Immigration and Nationality Act of 1952 Gives the President the Proclamation Power : Courts Can Not Second-Guess the President's Motives

U.S. President Trump's immigration order is analyzed at FactCheck.org. This is a classic case in the separation of powers.

The critical paragraph in the above-cited article writes:
"Trump's executive order cites the president's authority under the Immigration and Nationality Act of 1952, specifically this provision:

"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."" [emphasis added]
Our analysis of this matter is as follows:

The holdings of a federal judge as also the 9th Circuit Court of Appeals (which has an 80% reversal record before the United States Supreme Court) are clearly in error because they are not applying the above law neutrally but rather are "second-guessing" the wisdom of and reasons for the President's order -- a proclamation which is in his power to make based on the above law.

Whether such an order was wisely drafted or not is not within the power of the courts to review, because such an order is the President's responsibility. Indeed, his decision can be based upon confidential information to which only he has access and which he can not or should not make public.

It can not be as a matter of Constitutional Law that local or appellate judges can play U.S. President by second-guessing the reasons for which a President exercises his lawful powers, as granted by the Constitution and the Congress.

The only legal question here is whether the President has the power to issue the order that he has issued, and that is eminently clear based on the Immigration and Nationality Act of 1952. He has that power.

That some judge or judges on some court of the land would handle the matter differently is equally clear, but they are not the President, and they are usurping powers in this matter that they do not have, and so the U.S. Supreme Court should decide, once the matter gets to that level of jurisprudence.

Imagine what chaos would ensue if any and all Presidential powers could be limited nationally by some local judge out there who thought differently about the President's actions and orders.

Presidential orders are not at the mercy of local judges. This is because law at this level of the separation of powers can not not be a chaotic button-button, who's got the button process, whereby some judge in the nation substitutes his opinion for that of the President of the United States.

Again, whether the immigration order is a wise one or not is a different question, and one that must be solved within the political process. The legal question, however, is the power of the President. And that power is clear.


Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
,
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    ,
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.

    -----

    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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