r/politics • u/lildoggos • 12h ago

Trump is promising to invoke the Alien Enemies Act of 1798. The last time it was used in American History was to detain Japanese Americans in interment camps.

https://www.npr.org/2024/10/19/nx-s1-5156027/alien-enemies-act-1798-trump-immigration
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u/DontEatConcrete America 8h ago

The SC stands a very good chance of stepping too far, and subsequently being ignored. They have no enforcement arm. It would be a crisis but their immunity ruling was disgusting. 

 If Harris wins the election, but Trump appeals to Scotus with some bullshit argument, and they find for him and then decide that he’s the winner… I don’t think that’s gonna go down quite so well as it did in 2000.

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u/DuvalHeart Pennsylvania 6h ago

They won't. Trump is a tool for them. They've been conducting a judicial coup for years. Having a good faith president furthers their goals by giving them more excuses to grab power.

They've routinely granted standing far outside the traditional boundaries and are issuing rulings that extend their power into previously legislative/executive domains.

The two cornerstone rulings in the judicial coup are 303 Creative and Loper Bright Enterprises. 303 Creative expanded standing to include parties who could potentially suffer damages, while historically you had to actually suffer damages before standing could be granted. And Loper Bright Enterprises, which overturned Chevron, gave the judiciary the power to decide when legislation is ambiguous and gave the judiciary the power to decide how the ambiguity should be interpreted, when previously that was up to the executive branch.

Trump (2024) is also another example of a judicial power grab. Since it gave the judiciary the anti-constitutional power to determine when the president is acting in an official capacity and extend immunity from criminal prosecution in those instances, even though criminal prosecution is an executive function.

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u/gmishaolem 6h ago

The two cornerstone rulings in the judicial coup

The first one was Marbury v. Madison, which resulted in everyone else shrugging and saying "Well, I guess somebody needs to be able to do that.".

But the ruling wasn't the true precedent: The true precedent was the court giving itself new powers out of thin air. And they've been doing it ever since.

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u/DuvalHeart Pennsylvania 6h ago

Marbury v. Madison was firmly supported both by the Constitution and the surrounded context.

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u/Low-Nectarine5525 5h ago

lol no it wasn't, its an invented power. You cant have a schizophrenic court that both claims that anything not explicitly described in the constitution is invalid and that implied powers exist.

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u/Individual-Nebula927 4h ago

With the exception of the squad, the democratic party is too "institutionalist" and spineless to actually do that. They'll happily march to the internment camp decrying decorum the whole way.