First there were 2 democrat justices in 2001. Stephen Bryer (1994) and Ginsburg (1993). Not one like you said.
You are correct. I made a mistake. Woe those two liberal justices who poisoned the minds of the rest.
Second, you said congress hasn't declared war since1942. This is misleading because congress has voted for military engagement 23 times since 1942. This includes Vietnam, Iraq, and Afghanistan.
Correct but one hasn't been issued for Syria/Isis. Obama says the 2001 AUMF and 2002 Iraq War AUMF are what he needs. I disagree.
Also, when you quoted the fourteenth amendment you replaced critical words with dots. You left out no state shall deny to any person WITHIN IT'S JURISDICTION. If they aren't allowed to travel here they aren't in state jurisdiction.
Are you aware of the many people who WERE allowed to travel here who got denied bc of the temporary ban? A doctor not from my old area went to treat cataracts as a philanthropic measure and was not able to get back in the country. He'd been a permanent resident for God knows how many years.
Next you quote James Madison. He didn't say all aliens are allowed all the time. I'm fact he said "They owe, on the one hand a temporary obedience" in return we owe affording them constitutional rights. The guy attempting to board the plane with the bomb in his shoe isn't holding up his end of that bargain.
And for that to hold any weight, you have to show the guy boarding the plane with the shoe bomb has the shoe bomb to begin with.
You touched on Obama's travel restriction, in fact every president going back for generations have placed travel restrictions.
I'm aware of that but none have done so in such a blanket or prejudicial fashion. Please list any you think may have.
The case law you listed chae Chan ping had nothing to do with terrorism. You said 1965 discrimination supersedes 1952 immigration law because Last in time rule since 1965 is after 1965
if you looks back at my post you'll see that I never attempted to use Chae Chan Ping as a case of terrorism.
Section 1187 (a)(12) states
Under this provision an alien is eligible for waiver only if he or she has not been present (a) in Iraq or Syria anytime after March 1st, 2011
(b) in any country whose government is designated by state department as repeatedly providing support for acts of international terrorism; or (c) in any country that has been designated by department of homeland security as a country of concern. Since 2011 is after 1965, guess what, last in time rule. This expressly authorizes basis of origin when concerns of terrorism, which like I said ping case has nothing to do with terrorism.
This is going to be fun. You do realize this is from the Visa Waiver Program right? That means that certain visitors from countries can travel to the US without obtaining a visa. Certain banned countries on the list, Syria and Iraq like you mention, cannot be granted visa waivers and must get a visa before traveling here. It in no way refuses to grant them a visa or prohibits their travel here. So since waiving the requirement for a travel visa but still allows for a visa to be had has nothing to do with the banning of visas: 1965 is still later than 1952....
STATES V. CURTISS-WRIGHT- "the very delicate, plenary and EXCLUSIVE power of the president as the sole organ of the federal government in the field of international relations. A power that doesn't require as a basis for its existence an act of congress."
Let's forget for a moment that Curtiss-Wright was based on an exportation embargo but does include the part you mentioned, lets focus on the part you left out:
"but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution."
Again you talk about trump banning Mexicans out of spite, the 2011 statute doesn't afford that, it's regarding terrorism.
As I stated before, since trump bans prohibits visa applications rather than simply wave their requirements, trump can ban anyone he wants to out of spite if left unchecked by the balances set forth in our constitution.
I'll see your 1909 case and raise you a founding father.
Thomas Jefferson- "The transaction of business with foreign nations is executive altogether"
Thank you for providing Thomas Jefferson's opinion on the executive authority to
NOMINATE AMBASSADORS AND OTHER PUBLIC MINISTERS AND CONSULS. I,guessing you meant fold instead of raise; unless you want me to call your bluff and ask you how you seem to think an ambassador appointment should affect immigration policy???