Trump, Game Theory, and Conservative Interpretation of the Constitution
I was asked by a friend who call himself a “eight-winger” to explore conservative news sources. I did and came up with an interesting one today essentially attacking trumps executive order concerninf immigration.
The issue addressed was who handles Immigration Issues.
The answer is that “it is congress that does this – Not the President.”
President Trump issued an executive order that includes a ban on the entry of virtually all nationals from several countries.
This is unconstitutional and illegal…plain and simple.
This is not a liberal argument. It is from the Cato Institute, a conservative think-talk heavily funded by the infamous Koch brothers.
Here is the reasoning.
Part of the ban bars immigrants or legal permanent residents. It is illegal to discrimination against immigrants based on national origin.
The Constitution gives the power to make immigration laws to Congress not to the President.
Under the Constitution, according to Thomas Jefferson “the transaction of business with foreign nations is Executive altogether.” … In the international arena, then, if there is arguable conflict between a presidential policy and a congressional statute, the president’s policy will take precedence in the absence of some clear constitutional commitment of the subject matter to legislative resolution.
“[O]ver no conceivable subject is the legislative power of Congress more complete than it is over… the admission of aliens,” ruled the Supreme Court in Oceanic Steam Navigation Co. v. Stranahan.
In this game of political Tic-tac-toe The Immigration Act of 1965 (8 U.S.C. 1152(a) that amended the Immigration and Nationality Act of 1952, clearly prohibits discrimination in the issuance of an immigrant visa based on national origin.
The fact is that President Trump, in game theory language is at least concerning immigration a “cheater”. The President is prohibited from remaking the immigration system by executive order. The Immigration Act of 1965 was more than just a single provision prohibiting discrimination. As Justice Scalia, a conservative justice that President Trump seems to admire stated clearly statutory construction “is a holistic endeavor. A provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme.” Turning to the rest of the Immigration Act of 1965 makes clear that Congress intended and did create an entire system—or statutory scheme—of unbiased immigration. The rest of 8 U.S.C. 1152 is intended to give each country an equal shot at the number of visas issued each year. This entire system cannot be undone by the actions of this president.
Clearly the courts and congress have no history of allowing or authorizing any President to discriminate based on national origin.
It has always been a conservative and republican point of view that the President cannot ignore court precedent based on national security
Lewis Harrison – The RealUGuru, is a writer, mentor, success and wealth coach, content-rich, motivational speaker, and an entrepreneur specializing in problem solving, troubleshooting and strategizing based on game thinking, applied game theory and Game Thinking.
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