Hyla
on November 7, 2024
6 views
When discussing the context of the Alien Enemies Act of 1798, here are key points to consider regarding the interaction between federal authority and state governors:
Federal Supremacy: 
The U.S. Constitution’s Supremacy Clause (Article VI, Clause 2) establishes that federal law is the supreme law of the land. When the President invokes an act like the Alien Enemies Act, which is within the purview of federal war powers, state officials, including governors, are generally expected to comply with federal mandates. This is because immigration, especially in times of national security concerns or war, falls under federal jurisdiction.
Legal and Constitutional Framework:
War Powers:
The Alien Enemies Act is explicitly a wartime authority. Its invocation requires a state of war or a perceived threat from a foreign nation or government. The President’s power to detain or deport under this act is broad, but it’s tied to these specific conditions.
State Powers:
While states have significant autonomy in many areas, immigration enforcement and policy, especially involving foreign nationals during wartime, is predominantly a federal responsibility. States can implement complementary legislation or policies, but these must align with federal law.
Governors’ Responses:
Political and Symbolic Opposition:
Governors can indeed express political opposition or refuse to allocate state resources for enforcement as a form of protest or disagreement. However, this stance would not legally prevent federal enforcement. Such actions could be seen as symbolic or political statements rather than legal barriers to federal action.
Legal Challenges:
Governors or state legislatures might challenge the invocation of the act in court on constitutional grounds, claiming overreach or violation of due process. However, this would not immediately prevent federal action; it would initiate a legal process.
Historical and Legal Precedents:
The Alien Enemies Act has been invoked in actual wartime scenarios (War of 1812, World War I, World War II), where state assistance was often coordinated with federal efforts, indicating a historical tendency for states to align with federal policy in times of national emergency.
Practical Considerations:
Even if governors declared they would not assist, the federal government has agencies like Immigration and Customs Enforcement (ICE) that can act independently. However, lack of state cooperation could complicate logistics and enforcement, potentially leading to inefficiencies or local conflicts.
https://www.thegatewaypundit.com/2024/11/massachusetts-democrat-governor-vows-defy-trumps-deportation-plans/
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Rick Elgin
That's ok. Trump can cut off any federal funding, maybe even have him arrested and charged with harboring and protecting illegal migrants and sex trafficker.
November 7, 2024
Dawn Eipeldauer
I pray the blood of Jesus over our country and our president Donald j trump - I pray no weapon formed against us and our leader will prosper the hand of the living god is on us and is returning our country to righteousness and the enemy is defeated - we the people are more powerful then $$$$$ - what... View More
November 8, 2024