Constitutional Illiteracy Abounds – Especially on Separation of Powers

By Alan Nathan | November 29, 2018   In September of 2017, the Annual Annenberg Constitution Day Civics Survey found that about 74 percent of the country could not name our three branches of government.  This year, the oblivious-count mildly dropped to 68 percent – we’re all so proud! Of course, when you examine the constitutional disconnect exhibited by those populating our federal courts and Capitol Hill, it makes the above figures appear as if Annenberg was perhaps shaving some points.............. ...........incoming House Government Reform Committee Chair Elijah.....Cummings argued that ...........“They should be allowed to come in, seek asylum, that’s the law.”   He was also pressed about whether the Trump maneuver was constitutional to which he responded, “I don’t know.”............ Additionally, there’s existing legislative law that’s precisely on point in explaining the President’s authority to control those endeavoring to enter the U.S.  It’s in the form of the Immigration and Nationality Act of 1965 (U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part II › § 1182 wherein it reads:

“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 non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”.............

A court can legitimately bat down a president’s Executive Order on constitutional grounds; however, it can never force the continuance of that Executive Order upon a new administration.............To Read More.....