February 20, 2017
By Daniel Horowitz
When the president acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate. In these circumstances, and in these only, may he be said (for what it may be worth) to personify the federal sovereignty. If his act is held unconstitutional under these circumstances, it usually means that the federal government as an undivided whole lacks power.
— Justice Robert Jackson, Youngstown Sheet & Tube Co. v. Sawyer
While nullifying Trump’s immigration order, the so-called “judges” were conniving in their omission of any statute. As I noted last week, every part of Trump’s order is covered by multiple statutes. This week, I found two more portions of the Immigration and Nationality Act that support his actions. … Read the full story by Daniel Horowitz.
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