Dave Aronberg
👤 PersonAppearances Over Time
Podcast Appearances
Only Congress has the power to declare war. The executive branch does not have- Right, but this is something different. Well, remember, the Alien Enemies Act says declaration of war, or as you correctly said, there has to be an invasion or a threatened invasion. And the president doesn't have the unlimited, unchecked power to interpret that act to say, I'm going to decide there's an invasion.
Only Congress has the power to declare war. The executive branch does not have- Right, but this is something different. Well, remember, the Alien Enemies Act says declaration of war, or as you correctly said, there has to be an invasion or a threatened invasion. And the president doesn't have the unlimited, unchecked power to interpret that act to say, I'm going to decide there's an invasion.
Only Congress has the power to declare war. The executive branch does not have- Right, but this is something different. Well, remember, the Alien Enemies Act says declaration of war, or as you correctly said, there has to be an invasion or a threatened invasion. And the president doesn't have the unlimited, unchecked power to interpret that act to say, I'm going to decide there's an invasion.
Because if you give the president that kind of power, then Katie, bar the door, there is no limit to executive power now. That's where we are.
Because if you give the president that kind of power, then Katie, bar the door, there is no limit to executive power now. That's where we are.
Because if you give the president that kind of power, then Katie, bar the door, there is no limit to executive power now. That's where we are.
Megan, there are several laws at play here. It's the Alien Enemies Act, which we've already discussed, and then there are the conventions against torture. The ACLU is resting a lot also on the fact that this prison where they're sending these folks to violate federal law on torture. I don't think that's their best argument, quite frankly. I think the Alien Enemies Act is a better argument.
Megan, there are several laws at play here. It's the Alien Enemies Act, which we've already discussed, and then there are the conventions against torture. The ACLU is resting a lot also on the fact that this prison where they're sending these folks to violate federal law on torture. I don't think that's their best argument, quite frankly. I think the Alien Enemies Act is a better argument.
Megan, there are several laws at play here. It's the Alien Enemies Act, which we've already discussed, and then there are the conventions against torture. The ACLU is resting a lot also on the fact that this prison where they're sending these folks to violate federal law on torture. I don't think that's their best argument, quite frankly. I think the Alien Enemies Act is a better argument.
But because of these outstanding questions, the judge has a right to weigh in and to make that decision and impose an injunction. And then it goes to the Circuit Court of Appeals, which it did. Judicial review, two-to-one decision. They said the judge did not act improperly. And now it goes to U.S. Supreme Court. So to me, this is happening the way it should be happening.
But because of these outstanding questions, the judge has a right to weigh in and to make that decision and impose an injunction. And then it goes to the Circuit Court of Appeals, which it did. Judicial review, two-to-one decision. They said the judge did not act improperly. And now it goes to U.S. Supreme Court. So to me, this is happening the way it should be happening.
But because of these outstanding questions, the judge has a right to weigh in and to make that decision and impose an injunction. And then it goes to the Circuit Court of Appeals, which it did. Judicial review, two-to-one decision. They said the judge did not act improperly. And now it goes to U.S. Supreme Court. So to me, this is happening the way it should be happening.
And the fact that the U.S. Supreme Court has not jumped in already tells you that this is not an easy question where the president just gets unlimited unchecked.
And the fact that the U.S. Supreme Court has not jumped in already tells you that this is not an easy question where the president just gets unlimited unchecked.
And the fact that the U.S. Supreme Court has not jumped in already tells you that this is not an easy question where the president just gets unlimited unchecked.
Well, I'm thankful that there is a judge out there and judges in the appellate court who actually are trying to constrain the unlimited power of the executive branch, especially when you have these intelligence folks who apparently aren't so good at their jobs that there are people out there who were sent to this prison who are not gang members.
Well, I'm thankful that there is a judge out there and judges in the appellate court who actually are trying to constrain the unlimited power of the executive branch, especially when you have these intelligence folks who apparently aren't so good at their jobs that there are people out there who were sent to this prison who are not gang members.
Well, I'm thankful that there is a judge out there and judges in the appellate court who actually are trying to constrain the unlimited power of the executive branch, especially when you have these intelligence folks who apparently aren't so good at their jobs that there are people out there who were sent to this prison who are not gang members.
And so that's where the judge should be stepping in to at least to check the power of the federal government to make sure that they're compliant with a lot of people. That's a different story. Right. But still.
And so that's where the judge should be stepping in to at least to check the power of the federal government to make sure that they're compliant with a lot of people. That's a different story. Right. But still.