Upping The Ante

5 Responses to Upping The Ante

1. conrad ziefle says:

   May 4, 2025 at 3:20 am

   I’m not a legal scholar so I could be way off, and I’m going by hearsay on some of my facts, but here it is: The constitution outlined three branches of government and the methods by which they could impinge on each other were both prescribed and limited. The SCOTUS was the only element of the Judicial Branch outlined in the constitution. The lower, district, etc. courts, were created by Congress, and Congress’s methods for inhibiting the executive branch are prescribed and limited. Therefore, it is unconstitutional for Congress to create any body and give it power over the executive branch, nor can Congress offload its powers to inhibit the executive branch to another body. Hence, the only court that can inhibit the executive branch is the SCOTUS, and all legal claims, complaints, etc. regarding executive activity have to be brought to the SCOTUS, and only that court can rule in a way to inhibit executive action. Until the SCOTUS rules, the president can continue to engage in executive actions that he believes are appropriate.
   In other words, the SCOTUS needs to pull its head out of its ass and tell the lower courts to follow the proper procedures, and they, the SCOTUS may have to work overtime to handle the cases properly.
   I think the whole judicial system needs to be rebuilt by someone logical, which means not by a lawyer.

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   • Bob G says:

     May 4, 2025 at 3:31 am

     Agreed Conrad. we voted for Trump to be president, not some unknown judge from rural Podunk… or more likely from San Francisco, to run the country. I’m not hopeful that the Roberts supreme Court will help us out and I say we don’t need them anyway. these district court judges have no jurisdiction over the whole country

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   • Mike Peinsipp says:

     May 4, 2025 at 7:05 pm

     Fact Sir. But declaring Martial Law ain’t the way to go…yet. When the Left starts rioting in at least 5 or more MAJOR Cities than Declare. Until than NO.

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2. Mac says:

   May 4, 2025 at 1:04 pm

   Interestingly, The Supreme Court has already issued a ruling on this subject, and it was almost 80 years ago. The decision is Ludecke v. Watkins (1948). The court found that an immigrant to the U.S. — who was here legally, by the way — could be deported because he was a German and had been a Nazi during World War II. The case was brought in 1946, after the war had ended and the decision was handed down in 1948. The court said that, under the Alien Enemies Act, the former Nazi could be deported because he was basically in a mental state of “war” with America, and was hostile to our country.

   I think it’s a legitimate claim to say that a lot of illegal immigrants are not behaving in a civilized way, and are, de facto, in a state of “war” with our country, and certainly have hostile feelings towards it. Therefore, they could be deported under the Ludecke precedent. It’s not an unreasonable argument.

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   • conrad ziefle says:

     May 4, 2025 at 4:57 pm

     Can we say that actions speak better than philosophy? If an alien participates in any action against the US, then he/she can be deported as someone “at war with the US”. Beyond that, I still claim that the lower courts cannot rule against the executive branch because they are a breach of the prescribed methods by which the constitution says the three branches can impinge on each other. Maybe more concisely, I would say: Congress cannot create a body that has more power over the executive branch than it does, nor can it offload its powers to a created body. Also, the created body has been spliced onto the SCOTUS, but the SCOTUS also cannot offload its powers onto that created body, either. So neither of the other two branches can exercise powers over the executive branch through the created body, that body being the lower judges, in this case.

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