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Friday, February 10, 2017

Analysis of the Ninth Circuit Court's Immigration Decision


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legalinsurrection.com
A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
"Federal District Judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump's temporary entry ban for citizens of seven countries. Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay.

"What we have here is a creeping constitutional coup. As long as President Obama was in charge and had a massive open door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent. But when Donald Trump became president and tried to use the powers of the Presidency to put some national security safeguards into place, the judiciary sprung into action. The judiciary has usurped the executive branch's powers and has created a parallel constitution, one that bears no relation to the founding document of our nation. The courts have now cited this parallel constitution to justify taking away the ultimate decision making authority concerning national security from the Presidency, to rest in their hands. The constitutional crisis and injury to our national security caused by this illegitimate decision cannot be overstated.

"What follows is an analysis of this travesty and the damage done to our system of jurisprudence and national security." . . . Read more:

Allan J. Favish  . . . "Title 8 United States Code, section 1182(f) , which was enacted as section 212(f) of the Immigration and Nationality Act, is entitled “Suspension of Entry or Imposition of Restrictions by President” and states:


Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. (Italics emphasis added.). . .   Read More.

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