Trump is repeatedly losing in the Federal and United States Supreme Courts, for repeatedly violating the United States Constitution. He has tried to invoke the Alien Enemies Act to deport individuals from the United States without providing the right to “due process” afforded by the Fifth Amendment to the United States Constitution.
Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall “be deprived of life, liberty, or property, without due process of law.” The Fifth Amendment’s Due Process Clause applies to the federal government.
Now Stephen Miller speaking for President Trump has stated that …….
“The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in time of invasion,” Miller answered. (Start digging your bomb shelter.)
“So, it’s an option we’re actively looking at,” he continued.
The problem with the invocation of the Alien Enemies Act and the suspension of the writ of habeas corpus is the minor detail that “only” Congress can declare a state of war.
habeas corpus | ˌhābēəs ˈkôrpəs |
….. a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
Who has the power to suspend the writ?
Only Congress could suspend the writ of habeas corpus. The limitation on suspension of the writ appears in Article I of the Constitution, dealing with legislative powers, not in Article II, which established executive power.
So our democracy is threatened by a President who took an oath to defend and preserve the Constitution while claiming he doesn’t know what it actually says. He needs the United States Supreme Court to explain it to him in simple terms.
David J. Neuendorff
Bowling Green
