The Legality of Trump’s Deportations
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed John D. O’Connor.
Recently, a federal judge has ordered that President Trump cannot deport illegal migrants who he deems violent gang members. Trump claims he can do so under the Alien and Sedition Acts of 1798. But it seems that even this law is unnecessary, because the President has national security powers as Commander in Chief under the Constitution. So while it is an important issue whether this was a proper exercise of national security powers, the more significant question is who gets to decide the question. There are many who say this is not a national security matter because there is no declared war with Venezuela or with the two gangs deported. But it would be Trump’s position that whether it is a matter of national security is for him, not the Courts, not the legislature, to decide under his Article II executive branch powers. Precedent supports Trump, even though generally that precedent is not in court cases, which, of course, are decided by judges, not Presidents. But if one looks at the Emancipation Proclamation, the Whiskey Rebellion, the Korean and Vietnam national security conflicts and the FISA law, one gets solid precedent for exercise of these powers. Once again, our media does a poor job of informing our citizenry on important issues.
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