Were we "at war" with poverty when LBJ said we were?
Congress has the right to declare war.
Congress can also give warlike powers to the executive (although the constitutionality of that is in question, it's been done so much now that a court isn't going to get in the way of the executive relying on that).
There has been no grant of war powers related to immigrants.
The issue seems to be the language "incursion"--it needn't be a war, according to the Act. Did Venezuela make an incursion into US territory? That's where the mileage will vary, as far as I can tell.
I just emailed someone the Supreme Court case I mentioned that said the Alien Enemies Act is not reviewable by any court, including SCOTUS (anymore, I guess.....because, I mean....they said that in a review ruling, so....). But I'm sure you're familiar with it. As far as I can read it,
if the Act applies, this judge has already been "told" by SCOTUS that he can't stop anything here.
So that's where the matter is, and where I'm not seeing much of anybody discuss.....did the Executive branch correctly label this an incursion? Or not?
It seems to me that any judge's ruling would have to concern whether or not this matter constitutes an incursion.....NOT how the president handles what he deems to be an incursion. That has already been dealt with by SCOTUS. But the judge clearly did the latter and not the former. He clearly intervened in the policy, and not the designation itself.
I think you, brad, bayarea and others may feel like someone like me is just trying to do victory laps over something I agree with. But I have not even weighed in on what I
think about the matter here on the board, or what concerns I have, if any, for the future by potential precedent......I've only tried to say what I think about the legality of it.
There is a clear bent in this conversation to make this about judicial orders vs. executive action. I contend that is not the issue, and that the real issue is instead the aforementioned applicability of the Act itself.
I mentioned to someone else here via PM that this looks like a Policy matter vs. Powers matter debate. You either think this a policy matter and probably think the courts should get lost, or you think it's a powers matter and probably think we're on the cusp of Constitutional Crisis yet again. I outlined my position in those PMs as best I could but I don't think I was convincing, and it's a reasonable individual, so I'm not ready to write off anyone who disagrees with me. He kept telling me what the judge demanded and how it may yet be not-complied-with, and I kept talking about how the judge doesn't get to demand anything here unless or until he shows/its shown this is not an incursion. The limits restraining this judge by the case I mentioned seems clear.....
if it's an incursion.
If someone wants to litigate that this is not an incursion, then that, imo, is where it seems the legal battle should be fought. But not randomly meddling with policy by ordering planes back which were sent by an elected official exercising duly granted powers by Article 1.
But I ain't no lawyer. I'm sure I've convinced you about as well as I've convinced anyone else.