10 U.S. Code § 252 - Use of militia and armed forces to
enforce Federal authority
Whenever the President considers that unlawful obstructions,
combinations, or assemblages, or rebellion against the authority of the United
States, make it impracticable to enforce the laws of the United States in any
State by the ordinary course of judicial proceedings, he may call into Federal
service such of the militia of any State, and use such of the armed forces, as
he considers necessary to enforce those laws or to suppress the rebellion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 332; Pub.
L. 109–163, div. A, title X, § 1057(a)(2),
Jan. 6, 2006, 119 Stat. 3440; renumbered § 252, Pub.
L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130
Stat. 2497.)
Nishimura Ekiu v. United States,
142 U.S. 651 (1892) @ 659
"…It is an accepted maxim of international law that every
sovereign nation has the power, as inherent in
sovereignty and essential to self-preservation, to forbid the
entrance of foreigners within its dominions..."
The Chinese Exclusion Case, 130 U.S. 581 (1889) @ 607,609
@ 607
"In a communication in September, 1869, to Mr. Washburne,
our minister to France, Mr. Fish, Secretary of State under President Grant,
uses this language:
"The control of the people within its limits, and the
right to expel from its territory persons who are dangerous to the peace of the
state, are too clearly within the essential attributes of sovereignty to be
seriously contested. Strangers visiting or sojourning in a foreign country
voluntarily submit themselves to its laws and customs, and the municipal laws
of France, authorizing the expulsion of strangers, are not of such recent date,
nor has the exercise of the power by the government of France been so infrequent,
that sojourners within her territory can claim surprise when the power is put
in force."
@609
The power of exclusion of foreigners being an incident of
sovereignty belonging to the government of the United States as a part of those
sovereign powers delegated by the Constitution, the right to its exercise at
any time when, in the judgment of the government, the interests of the country
require it, cannot be granted away or restrained on behalf of anyone.
The powers of government are delegated in trust to the United
States, and are incapable of transfer to any other parties. They cannot be
abandoned or surrendered.
Nor can their exercise be hampered,
when needed for the public good, by any considerations of
private interest."
In re Ross, 140 U.S. 453 (1891) @ 464
“By the Constitution, a government is ordained and established
"for the United States of America," and not for countries outside of
their limits.”
"...The Constitution can have no operation in another
country."
Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206
(1953) @ 210
“Courts have long
recognized the power to expel or exclude aliens as a fundamental sovereign
attribute exercised by the Government’s political departments largely immune
from judicial control.”
“The exclusion of aliens is a fundamental act of sovereignty.”
United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537(1950)@ 542; see also
Landon v. Plasencia, 459 U.S. 21 (1982) @ 32.
The “power of exclusion of aliens is also inherent in the executive.”
Knauff, 338 U.S. 543
The United States Constitution states in Article 4, Section 4
that:
"The United States shall guarantee to every
State in this Union a Republican Form of
Government, and shall protect each of them
against Invasion"
and Article 6, Clause 2 of the Constitution of the United
States clearly states that
"THIS CONSTITUTION *** SHALL BE THE SUPREME LAW OF THE
LAND;
and the Judges in every State
shall be bound thereby,
any Thing in the Constitution."
Even as the judiciary cannot rule that States have no right to
a Republican Form of Government as stated by the Constitution, so too do judges
who act beyond their Constitutional authority have no Constitutional authority
to prohibit a clear mandate exclusive to the President to prohibit invasion of
the States (or to in any way impose restrictions) to those aliens, which is
reaffirmed in United States Federal Law by statute:
"8 U.S. Code § 1182 - Inadmissible aliens
(f) SUSPENSION OF ENTRY OR IMPOSITION OF RESTRICTIONS BY
PRESIDENT
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 *** impose on the entry
of aliens any restrictions he may deem to be appropriate...."
Clearly, President Trump is not dealing with an
unconstitutional statute, and is affirming what the Constitution requires of
him, that he NOT be derelict in his duties to protect, preserve / enforce,
defend the Constitution and the provisions and language thereof, et cetera.
The United States Constitution in Article 2, Section 1, Clause
8 states:
"Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I
will faithfully execute the Office of President of the United States, and will
to the best of my Ability, preserve, protect and defend the Constitution of the
United States.”
SUPPORT THE CONSTITUTION and the President of the United
States in correctly acting to preserve and protect and defend the
Constitution's mandate to protect us from Invasion (Article 4. Section
4.). Whether or not you like this
President, SUPPORT the President for PROPERLY following the Constitution and
protecting us all on this one, and ask that whatever number of U.S. military
troops he sends to the border, to double or triple that and make sure that they
are armed with the ammo and resources they need, and at the ready until the day
the entire wall is completed.
No comments:
Post a Comment