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re: Appeals court rules Trump can’t use Alien Enemies Act to swiftly deport Venezuelans

Posted on 9/3/25 at 9:21 am to
Posted by Nosevens
Member since Apr 2019
19360 posts
Posted on 9/3/25 at 9:21 am to
SC seems not to want this settled or better said that they will draw out certain parts and rule over them, which is probably best anyway as they rather have legislative branch do their job because SC doesn’t want to play in the fringes. As far as SC goes we seem to have most extreme degree in opinions than we have had in last 50 years, possibly ever, and a legislative branch that has been less and effective with a executive branch wielding power they shouldn’t. If one or two branches negate their responsibilities then of course this happens. The stacking of liberal and conservative judges throughout all courts because of political views not judgement views makes for a very bad system that pits branches against each other rather than keeping each other in check/balance
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477244 posts
Posted on 9/3/25 at 9:23 am to
quote:

and a legislative branch that has been less and effective with a executive branch wielding power they shouldn’t.


For the record, this law is old as shite so this argument really doesn't apply here.

This is just a hyper-aggressive and novel interpretation of an old law, that has 0 case law (as this clause of the old as shite law has never been relied upon previously, as far as I can tell)
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 9/3/25 at 9:23 am to
quote:

So how do we decide if the President is acting outside of the very limited authority granted to him by the applicable statute?


Congress decides.

Should a district court judge be able to read a Congressional war resolution passed by Congress and decide that the Resolution does not sufficiently describe legitimate grounds for war and thus overrule Congress?
That is similar to what is going on here - a Judge inserting himself int0 the foreign policy of the U.S., which the Constitution grants him no authority to do so.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115483 posts
Posted on 9/3/25 at 9:29 am to
quote:

2 GOP appointees


So was Souter, your point?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477244 posts
Posted on 9/3/25 at 9:30 am to
quote:

Congress decides.

How? Congress cannot even unilaterally rescind the law without 2/3 support (as the President could just veto the attempt)

quote:

Should a district court judge be able to read a Congressional war resolution passed by Congress and decide that the Resolution does not sufficiently describe legitimate grounds for war and thus overrule Congress?
That is similar to what is going on here - a Judge inserting himself int0 the foreign policy of the U.S., which the Constitution grants him no authority to do so.

Courts rule the Executive acts outside of his legislative authority ALL the time, though.

The determination of an "invasion" isn't even really foreign policy. Now the secondary effects/actions of what the admin did? Sure. But if the underlying actions are illegal, then those foreign policy decisions become irrelevant.
Posted by Strannix
C.S.A.
Member since Dec 2012
53738 posts
Posted on 9/3/25 at 9:55 am to
How you got to here:

quote:

I love how this is the new knee jerk cope for every dumb or illegal policy of Trump

"yeah I'm retarded for supporting it, but muh 80/20"

The living embodiment of this punchline


From here:

quote:

This is a winning issue for you Dims, keep fighting to keep TDA terrorists in America. I support you.


I knew you would be in this thread giving your Southern Law takes but I'm a little surprised you are triggered to this level, that's a strong dose of copium even from you.

Let me address your point, is it dumb? To want to deport TDA terrorists? I don't think it's dumb at all.

Is it illegal? We'll see, interesting you guts want to start following the law as soon as you're out of power.
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 9/3/25 at 9:55 am to
quote:

How? Congress cannot even unilaterally rescind the law without 2/3 support (as the President could just veto the attempt)


Congress does not necessarily have to rescind the law, they have the power of the purse and can withhold funds for enforcement, amongst other things they can do.
Even if the only alternative was to rescind the law that is the way the system is setup.

quote:

The determination of an "invasion" isn't even really foreign policy.


How so? It seems to me to be entirely a foreign policy question.
If Venezuela attacked Guantanamo and the President declared retaliation for the attack, would that declaration (and the subsequent action relating to the declaration) be subject to judicial review?
If not, then why would/should review apply to the same facts except the attack was on Houston instead of Guantanamo?

quote:

Courts rule the Executive acts outside of his legislative authority ALL the time, though.


Have federal court ever overruled Presidential judgment on whether the U.S. or U.S. interests have been attacked by a foreign power? I don't think so, but could be wrong. Even further, though sort of off topic - I don't think a Court has reviewed Presidential action under the War Powers Act, although - again, could be wrong.
Regardless, this Judge knew it is not his call to make - hence the move to the language of the Proclamation, as opposed to actually making the determination that the U.S. was not subject to an invasion or predatory incursion. Yet the result is the same.
Posted by ole man
Baton Rouge
Member since Nov 2007
18059 posts
Posted on 9/3/25 at 10:22 am to
The mere fact that judges want illegals here and trying to stop deportation. Should piss everybody off
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477244 posts
Posted on 9/3/25 at 10:35 am to
quote:

but I'm a little surprised you are triggered to this level, t

I'm not triggered. I'm laughing at you.

The issue of the AEA is so niche the public won't care. How is it a winning issue?

quote:

is it dumb? To want to deport TDA terrorists? I don't think it's dumb at all.

Sure. There are ample ways to do it other than novel, aggressive legal theories with a 220+ year old law. Wouldn't you agree?

quote:

We'll see, interesting you guts want to start following the law as soon as you're out of power.

Bad take, as to be expected.
Posted by CAD703X
Liberty Island
Member since Jul 2008
93405 posts
Posted on 9/3/25 at 10:53 am to
saw SFP and wanted to see his hot take on getting rid of 3rd world gang members and terrorists Biden let into the US..


quote:

There are ample ways to do it other than novel, aggressive legal theories with a 220+ year old law. Wouldn't you agree?


did not leave disappointed
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477244 posts
Posted on 9/3/25 at 10:54 am to
quote:

wanted to see his hot take on getting rid of 3rd world gang members and terrorists Biden let into the US..


So you disagree there are better ways to do this?
Posted by Drizzt
Cimmeria
Member since Aug 2013
14898 posts
Posted on 9/3/25 at 1:20 pm to
So any foreign government can just create a “private” group to attack the US and the US government cannot retaliate as an act of war? GTFO

Look up the Barbary Pirates dumbass. The Marines waxed their arse.
Posted by LegendInMyMind
Member since Apr 2019
75207 posts
Posted on 9/3/25 at 1:24 pm to
This ruling shouldn't be a surprise to anyone, even Trump's advisers.
Posted by LegendInMyMind
Member since Apr 2019
75207 posts
Posted on 9/3/25 at 1:30 pm to
quote:

Why try a convulted argument about this being an invasion directed by a foreign government?
Hire/appoint/draft 10,000 immigration judges and hear the cases on an expedited basis.

One of the biggest disappointments of the "BBB" and the billions of immigration funding in it is that it does very little to alleviate the actual bottleneck in our immigration system..
...the courts. It caps the number of immigration judges at 800, which we already have ~700. There was opportunity there to implement real change in the system, yet we chose flash over substance to a large degree.
This post was edited on 9/3/25 at 1:31 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477244 posts
Posted on 9/3/25 at 1:32 pm to
Some of us said prior to Trump winning that the solution was more judges.

But that didn't test well enough for PR purposes or fulfil the muh fight requirements
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
77773 posts
Posted on 9/3/25 at 1:42 pm to
quote:

Are we in wartime?

Loading Twitter/X Embed...
If tweet fails to load, click here.

quote:

The strike aligns with Section 303 of the VALOR Act, which prohibits transactions with Maduro regime debt instruments and narco-terrorist operations. This decisive action reinforces America's commitment to dismantling criminal networks that exploit Venezuela's collapse under socialist rule.

While $5M was allocated for OAS election observers in Title II, kinetic enforcement proves necessary when corrupt regimes weaponize drug trafficking against US interests. The naval buildup (7 warships, 4,500 personnel) demonstrates resolve beyond symbolic sanctions - actual interdiction of threats.

Critics claiming escalation ignore Maduro's $50M US bounty and Tren de Aragua's expansion into 20+ American cities. When diplomacy fails through UN/OAS theatrics, military precision becomes the language corrupt regimes understand.
Posted by IvoryBillMatt
Member since Mar 2020
10132 posts
Posted on 9/3/25 at 1:56 pm to
The post states the decedents were carrying drugs "into the United States." Seems like a long way to go in a small boat.
Posted by deltaland
Member since Mar 2011
102783 posts
Posted on 9/3/25 at 1:58 pm to
quote:

Was that a war ship of the government or a private gang/cartel boat?


A war doesn’t have to be between two governments.

Was our war with ISIS against a single nation and it’s government or against a private group of radicals spread across a region?
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