Category Archives: Article III

Essays on Article III of the Constitution

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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2015-5 The Regulators



 

Alamance 2007 077-aTwo rebellions, the first in the 1760 and the second in the 1780’s lead to the Constitutional ideas of Establishing Justice and Insuring Domestic Tranquility

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