KISS–Keep It Simple Stupid
1. Can you give me a simple explanation of The President of the United States’ Temporary Executive Order ?
I will try.
The Constitution Says:
‘Article 1 Section 8.
The Congress shall have power to ———–clause 4
To establish a uniform rule of naturalization, —–‘
The word Naturalization used here ,over time through court interpretations , came to include immigration.
2. So Congress has the power over immigration?
3. So if Congress has the power , the President does not ?
Exactly—–unless the Congress gives that power ,or some of it , to the President.
4. Does the Congress do that?
Yes. In 1952 Congress passed the Immigration and Nationality Act . In Section 212(e) it said:
e) 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. ‘
5. So the President has the right under the law of Congress supported by the Constitution to halt immigration to the country?
6. And it is under this provision of the Act of 1952 that the President gets his authority for the Executive Order?
7. Well, what about over the many years, has this authority diminished?
No, as a matter of fact, it was affirmed by the Supreme Court as late as 2012 when the Supreme Court through Justice Kennedy said in the case of ‘Arizona v United States ‘ :
‘The Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. … This authority rests, in part, on the National Government’s constitutional power to “establish an uniform Rule of Naturalization,” U. S. Const., Art. I, §8, cl. 4, and its inherent power as sovereign to control and conduct relations with foreign nations….’
8. Has this provision in the 1952 Act been amended or deleted ?
No, no change
9. Wow, this is incredible !
Yes, I know . Now, you know.
10. So what is all the fuss about and the Court decisions?
The court ( 9 th Circuit) did not address the 1952 Act , and just said people not in the US but coming to the US have certain rights , and by implication , not actually saying so , somehow makes the Provision of the 1952 Act secondary.
Hence , improving vetting procedures ( involving only 90 and 120 days ) for admitting people to the country for improved security ,as defined by the Government with their many sources of information , to better protect bona vida citizens living in the US is of less importance than the rights of people outside the US who are not citizens of the US but want to come to the US.
11. Does this sound unfair to you? The court does not even discuss the 1952 Act but denies the implementation of the Executive Order ?
To use KISS —-Inside the country citizens’ security is sacrificed for the rights of non citizens outside the country but who want to come to the country—that is what the result is of denying the Executive Order .
12. I am glad you explained that to me.
You are welcome.