TARIFFS AND THE EMERGENCY POWERS OF THE PRESIDENT—AN UNLIKELY CHALLENGE EMERGES INTRODUCTION On Friday, April 4th, in the Northern District of Florida, attorneys of the New Civil Liberties Alliance (NCLA) filed a challenge to President Trump’s Executive Orders imposing across-the-board tariffs on our three largest trading partners—China, Mexico, and Canada. An examination of the…
THE FIRST AMENDMENT AND THE ALIEN NON-CITIZEN—A PRIMER INTRODUCTION Recent Executive Orders of the President have placed a historic focus on Executive authority around immigration. Antisemitic rhetoric from students given the privilege to study here, who have not been naturalized, has tested and will test the limits of due process in connection with their…
THE TdA REMOVALS DRAMA AND JUDGE BOASBERG—WHO GETS TO DECLARE A “PREDATORY INCURSION,” AND WHO GETS TO PROTECT OUR NATIONAL INTERESTS? INTRODUCTION It appears that the opposition to the President’s Proclamation based on and in reliance upon the Alien Enemies Act overlooks, in convenient fashion, key issues necessary to a real analysis of this…
Aerial view of the Terrorism Confinement Center (CECOT). This file is licensed under the Creative Commons Attribution 3.0 Unported license. THE ALIEN ENEMIES ACT—ALMOST AS OLD AS THE CONSTITUTION AND A STILL VIABLE LAW FOR A STRONG EXECUTIVE TO INVOKE TO PROTECT THE HOMELAND INTRODUCTION On Friday the President issued a Proclamation that is…
THE UNIVERSITY OF VIRGINIA FINALLY EMBRACES THE REALITY OF EQUAL PROTECTION OF THE LAWS—IT IS ABOUT TIME INTRODUCTION Last week, and apparently as the result of President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (which bans DEI from not only the federal government but from any entity, private or not, receiving…
THE APPOINTMENTS CLAUSE AND DOGE—A BRIEF OVERVIEW AND ANALYSIS INTRODUCTION Last week U.S. District Judge Chutkan, who seems to be the Trump and January 6th “duty judge” in the DC District Court, denied a temporary restraining order to fourteen (14) state Attorneys General who sought to enjoin the actions of the Department of Governmental…
George Washington THE EXECUTIVE AUTHORITY OF THE PRESIDENT—PART TWO—THE UNITARY EXECUTIVE INTRODUCTION The current Democrat chorus of “chaos” and the gnashing of teeth over the Administration’s goal of fiscal responsibility is setting the stage for a historic review of the structure of the Constitution and a restoration of the original constitutional design. In this…
ICE Arrest THE EXECUTIVE AUTHORITY OF THE PRESIDENT—PART ONE—THE IMMIGRATION WARS INTRODUCTION In Part One of this two-part “Into the Weeds” series, the fundamentals of the role of the Executive Branch and its vast and nearly exclusive authority and power over the subject of immigration and the status of aliens will be examined. An…
Air route traffic controllers at work at the Washington ARTCC DEI IS UNCONSTITUTIONAL AND HAS INFLUENCED FEDERAL HIRING DECISIONS, INCLUDING AT THE FEDERAL AVIATION ADMINISTRATION, FOR YEARS INTRODUCTION AND BACKSTORY There is no question that when George Floyd died from the combined effects of years of drug abuse and the reckless negligence of a…
The Statue of Liberty BIRTHRIGHT CITIZENSHIP—WHEN THE NOBLE INTENT OF THE RECONSTRUCTION CONGRESS WENT IN AN UNINTENDED DIRECTION INTRODUCTION In furtherance of a campaign promise and to tackle the concerns of many constitutional scholars and some in the political class, President Trump signed an Executive Order on January 20th purporting to direct Homeland Security…