The Constitution requires the President to resist and invasion

NY Sun:
In the war of words between President Trump and Chief Justice Roberts, The New York Sun is on the side of the President. We understand the cataract of sanctimony that is going to cascade from the political and journalistic (and actual) pulpits in the wake of Mr. Trump’s remarks in respect of the Notorious Ninth Circuit. That only puts the President’s point into sharper relief.

This feud started when a United States district judge in California sought to block Mr. Trump’s plans to deal with a caravan of potential asylum seekers heading towards the United States. Not to be misunderstood here, the Sun favors a capacious asylum program in the spirit of the New Colossus. If Mr. Trump can sustain the jobs and growth boom in America, we’ll need more immigrants.

Yet the President, who has his own responsibilities in the current conflict, sees the caravan as portending an invasion. That puts him in a position where the Constitution would remove his discretion, giving him not just the power but also the obligation to act, whether he wants to or not. That’s because of Article 4, Section 4, which commands the United States to protect each state against invasion.

Just to mark the point. The Constitution grants to the government the power to do certain things if it wants to. It denies the government the power to do certain other things, even if it wants to. What it does in Article 4, Section 4 is lay on the government the obligation to do certain other things, whether it wants to or not. These are sometimes called the obligation clauses, binding all three branches.

Protecting against invasions, again, is one of the obligations. Besides, it was Judge Tigar who, with his injunction against the president, drew first constitutional blood. Mr. Trump promptly dismissed him as an “Obama judge.” No doubt the country is split as to whether that is a compliment or an insult. All the more startling that Chief Justice Roberts piped up with a statement.
...
This goes to the heart of the matter and also explains why the open borders left is desperate to have the migrants not be considered an invasion despite their actions.

Comments

Post a Comment

Popular posts from this blog

Should Republicans go ahead and add Supreme Court Justices to head off Democrats

Washington Post: Some Democrats eye adding more justices to the Supreme Court to change its ideological bent The once-remote idea has gained the attention of liberals angered by the GOP push to remake the federal courts. Probably the easy way to defeat this court-packing scheme is for Trump to propose doing the same thing now.  It would lead to Democrat denunciations and claims that it would be wrong, thereby blowing up any attempt by them in the unfortunate event of Democrats winning a presidential election.
Read more

29 % of companies say they are unlikely to keep insurance after Obamacare

Conn Carroll: A new survey of 368 midsize to large companies found that 29% of them are considering terminating their active employee health care plans when Obamacare is full implemented in 2014. Only 71% of employers surveyed said they did not expect to drop their health coverage, while 20% said they did not know and 9% said they were planning to exit. The latest survey, conducted by Towers Watson, echoes an ealier survey by McKinsey & Co. finding that 30% of private-sector employers were planning to drop their employee health insurance coverage by 2014. When the Congressional Budget Office crunched Obamacare's spending numbers, they estimated that only 7% of employees currently covered by employer-sponsored plans would lose their plans. ... This means the cost of the health care fiasco will be hundreds of billions more than estimated by the CBO and Congressional Democrat. It is also clear that Obama's pledge that you could keep your health care plan if you wanted t...
Read more

Is the F-35 obsolete?

Headline USA: Pentagon Fires Back after Musk Calls Its Most Expensive Project ‘Obsolete’ 'Yeah, as I'm sure you can appreciate, Mr. Musk is, currently, a private citizen, I'm not going to make any comments about what a private citizen may have to say about the F-35....'   ... ... Drones appear to be replacing jets for many operations.  The Russia-Ukraine war is an example of that.  Drones are often hard to detect and can be used for intelligence operations as well as for attacking enemy targets.  It would not surprise me to see drones engaging other drones in combat.  They also cost much less than manned fighters.  
Read more