Category Archives: Legislative Vesting Clause
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
On 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!
“Ultimately, both enforcement devices, constitutional oaths and constitutional popularity, presupposed that the Constitution spoke not merely to federal judges, but rather to all branches and ultimately to the people themselves.”
In considering the intention of the Framers with regard to the ToTaL separation of powers, it is easy to presume the doctrine of Judicial Review controls the process of determining any particular laws constitutionality. The argument of Marbury v Madison in 1803 essentially established the doctrine. As we have seen recently in California in the attempted ban on video games and even Prop 8, Judicial Review has become the established manner of ultimately deciding a laws standing under the Constitution. Read the rest of this entry
The Cargo of the Brig Aurora
Original Airdate: January 24, 2013
On Saturday, May 26, 1787 the French diplomatic envoy to the Thirteen United States reported via a private memo to Paris that he had reason to believe that if the convention now meeting in Philadelphia failed to produce a strong national government, then a group of former military officers might simply impose one with General George Washington as its “crowned head.” It seemed possible. Read the rest of this entry