"For more than a century, this Court has recognized that the admission and exclusion of foreign nationals is a 'fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.'"
by:
Justice John G. Roberts, Jr.
(1955-) Chief Justice of the US Supreme Court
Source:
Trump v. Hawaii, 585 U.S. 667, 682 (2018)
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 -- Ronw13, ID      
It is interesting that Justice Roberts referenced a stare decisis of 100 years rather than an explicit verbiage within the Constitution. It is tradition for the head of government's executive branch to declare what it is going to enforce (whether of not Congress has formally made it regulation or even addressed the issue). It is a matter of usurpation, totalitarianism and tyranny for the 3 separate branches to treat such subject actions as law until overturned by one of the 3 branches. I'm not saying Trump's actions were unconstitutional (they were in my opinion beneficial to the nation), I just cant find that specific clause in the Constitution that legitimises the act.
 -- Mike, Norwalk     
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    I suppose I would like to see the source of Roberts' assertion that "the admission and exclusion of foreign nationals is a 'fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.'"  I am inclined to agree, nevertheless.  If the Executive is responsible for defending the national borders, I would think that the Executive would have some power to determine who can cross those borders and their status once in the country.  If state citizenship were still recognized, they could legislate their own rules for emigrating into their state.
     -- E Archer, NYC     
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    Within the de jure States united there is a separation of powers; namely, independent Legislative, Executive and Judicial Branches. Each has their own policies, procedures, administrations and rules. By example; within the Legislative and the Judicial Branches, a founding premise at nature’s law is: “a person is innocent until proven guilty.” Enforcement proceedings within the Executive Branch (right, wrong or indifferent) may declare a person guilty until proven innocent” (such are tax courts and traffic tickets - {each State has a written policy to effect that status}). Immediate enforcement activities (policing exercises) under the executive branch may or may not include a judicial or legislative branch’s absolutes.

    Your reference to border defense has a couple of Constitutional citations which use the word “invasion”. Protecting against invasion has narrow legal and military meanings. At Article IV, Section. 4, Clause 1 it says: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;” and, at Article I, Section 8, Clause 15 it says: The Congress shall have Power: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;”

    Invasion means: “The entry of a country by a public enemy, making war.” (Bouvier’s Law Dictionary); or, “⋯ the incursion of an army for conquest or plunder.” (Black’s Law Dictionary)

    Immigration does not fit within any meaning of invasion (legally, militarily or otherwise). Immigration means: “The removing into one place from another. It differs from emigration, which is the moving from one place into another.” (Bouvier’s Law Dictionary) Or, “The coming into a country of foreigners for purposes of permanent residence. The correlative term "emigration" denotes the act of such persons in leaving their former country.” (Black’s Law Dictionary) Or, “The entrance into a country of foreigners for the purposes of permanent residence. The correlative term emigration denotes the act of such persons in leaving their former country.” (West’s Encyclopedia of American Law, edition 2)

    The word “defend” only shows up once in the Constitution and that is at Article II, Section 1, Clause 7. That is in reference to the President’s oath / affirmation of office.

    It is my firm understanding that unchecked or non-regulated immigration is an affront to a nation (as united sovereigns at law). Because there is NO de jure States united at nature’s law, no semblance of original common law and no republican form of government defined by a Constitution, I will keep referencing what should be.


     -- Mike, Norwalk     
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