(f) Suspension of entry or imposition of restrictions by President:
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
This gives the president the authority “suspend the entry of any class of aliens” or “impose restrictions” whenever he finds/deems they “detrimental to the interest of the United States” for “such period as he deems necessary”.
The 9th Circuit reasoning was in effect challenging the President’s “finding”. The court also found that the state bringing the request for the TRO, Minnesota and Washington had standing:
“The States argue that the Executive Order causes a concrete and particularized injury to their public universities, which the parties do not dispute are branches of the States under state law” (the States argued “that the teaching and research missions of their universities are harmed by the Executive Order’s effect on their faculty and students who are nationals of the seven affected countries”)
AND that someone’s due process may have been violated by the order and so it struck down the entire order.
[T]he Government argues that the TRO is overbroad in two independent respects: (1) the TRO extends beyond lawful permanent residents, and covers aliens who cannot assert cognizable liberty interests in connection with travelling into and out of the United States, and (2) the TRO applies nationwide, and enjoins application of the Executive Order outside Washington and Minnesota. We decline to modify the scope of the TRO in either respect.
Criticism vs. Refusal to Obey
Trump comments attacked as a ‘Threat to Democracy’ (or was it threat to a constitutional republic, or not a threat at all?)
President Obama criticized the ruling in Citizens United in his State of the Union while the judges were in attendance.
Marbury vs Madison
(1803)- set precedent that Supreme Court is final arbiter on constitutional issues.
Worcester v. Georgia
(1832) – President Jackson ignored the ruling “The decision of the supreme court has fell still born, and they find that it cannot coerce Georgia to yield to its mandate.” (Marshall has issued his order, now let him enforce it)
United States vs. Nixon
(1974) -Nixon claimed executive privilege, lost the case and complied and turned over the tapes (with 18 minutes missing).
DeVos and Sessions confirmed and Elizabeth Warren silenced by Rule 19
2. “No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.”
In practice this means any time a Senator is up for confirmation the debate can not raise negative traits and motives as part of opposing the confirmation, directly or indirectly. Another Senator (eg Ms. Warren) can not make any “unworthy or unbecoming imputation”. Such Senator also can’t get around the rule by reading a letter by Corretta Scott King. It doesn’t matter if the third party words are from Abe Lincoln, Mother Teresa, Nat King Cole or the Jolly Green Giant.
Top economic story of the week: Silver rises for the sixth week in a row, gold also rises.
Gold and silver.
Gold closed last week at $1219.50 an ounce and closed this week at $1232.90 up 1.1%
Silver closed last week at $17.49 an ounce and closed this week at $17.93 up 2.5%
BULLARD: No need to raise rates because of fiscal uncertainty; argues for shrinking balance sheet instead. This would also give the Fed some “policy space,” as it would permit the bank to return to asset purchases in the future, should the need arise.
U.S. Treasury securities held by the Federal Reserve: All Maturities
Source: Board of Governors of the Federal Reserve System (US), U.S. Treasury securities held by the Federal Reserve: All Maturities [TREAST], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/TREAST, February 11, 2017.
All Federal Reserve Banks: Total Assets
Source: Board of Governors of the Federal Reserve System (US), All Federal Reserve Banks: Total Assets [WALCL], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/WALCL, February 11, 2017.
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