Category Archives: Article 1

Plenary Power

gettyimages-632238364On Monday, Judge Leonie Brinckema, a Federal Appeals Judge in Virginia, issued an injunction against President Trumps Immigration Executive Orders on the basis that they are in fact, a Muslim Ban.

The Government has argued that the doctrine of Plenary Powers over National Security and Immigration should make the Orders unreviewable. But can such power be given under the Constitution? If the answer is no, then can statements made outside of the Orders by the President and his advisers be taken into account as to the intent of the orders?

If the answer is yes, are we prepared to accept a country where he sitting President has unchecked power which neither the Courts nor Congress can counterbalance?

It’s a Valentines day Tuesday episode of Constitution Thursday!

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Judicial Review

Say the words, “Judicial Review” to most Talk Radio Show Hosts and you get to watch them go ballistic as they explain why judicial activists are ruining the country. In recent days we have seen a whole lot of this argument, as the 9th Circuit Court upheld a stay against the Immigration Executive Orders of President Obama.

court10n-3-webThe Governments argument before the Court was that the Orders were not/are not “reviewable.” That is to say that the Court has no power or jurisdiction to overturn the orders.

Whether or not you support the Orders or oppose them, there is a basic misunderstanding as to exactly what the argument was last week – and it wasn’t whether or not Immigrants from seven Islamic ruled nations should be admitted or not to the country. In fact, it was the same basic argument that the Supreme Court first heard in 1796, when Alexander Hamilton himself argued that a tax on Carriages was Constitutional.

The Court agreed that it was in fact, not a direct tax and therefore Constitutional. More than that however, they made it clear that because they agreed, there was no need for “Judicial review.”

But it wouldn’t be long before they would see the need for it…

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July 4, 1788

July 4, 1788 – In Providence the local Federalists have set up a giant barbecue to celebrate both the Independence Day holiday and to read aloud the proposed Constitution. There is little hope that Rhode Island a74d4b9e-368e-4dc0-ae00-d3aad907d94ewill quickly ratify the Constitution, in fact, as of today, there hasn’t been any move to even call for a convention to consider the document.

The anti-Federalists in Rhode Island aren’t just opposed to the Constitution. They oppose virtually every idea to strengthen the Union. For the past few years they have intentionally/unintentionally sabotaged the Articles of Confederation by using the power of the veto to stop any forward progress. It is in Rhode Island where the rampant use of State issued paper money has resulted in chaos and financial ruin to States and individuals trying to do business with Rhode Islanders

Now, as the few Federalists in Rhode Island gather to celebrate, William West, leader of the Country Party, decides to take action and make sure that the Providence Federalists understand that Rhode Island has no intention of ratifying the Constitution. He means to shut down their celebration and end once and for all the consideration of the Constitution in the Rhode Island…

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