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Where The Walls Began

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The “plenary power doctrine' set the stage for America’s treatment of many of vulnerable populations. It allowed the US to wield power over the “unfortunate race” of Native Americans without constitutional limit. It prevented SCOTUS from intervening, even to protect constitutional rights, and  provided the federal gov't with the authority to establish detention camps, & to engage in family separation and to criminalize religious beliefs. The plenary was expanded to justify limitless power over all kinds of people at the margins of American empire, and has been increasingly drawing upon  to justify its actions. The last three administrations have pointed it as precedent to justify executive action in the war on terrorism, with the Trump administration invoking the plenary power doctrine as justification for family separation, migrant detention camps and religious persecution.'

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I began teaching in 1963,; Ba and BS in Education -Brooklyn College. I have the equivalent of 2 additional Master's, mainly in Literacy Studies and Graphic Design. I was the only seventh grade teacher of English from 1990 -1999 at East Side (more...)
 

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"Last summer, in Trump v. Hawaii, the Supreme Court invoked the plenary power doctrine to hold that the Trump administration's so-called Muslim travel ban did not violate the First Amendment. Rather than applying the strict scrutiny afforded most constitutional rights, the Supreme Court deferred to the executive under the plenary power doctrine and applied rational basis review, a much weaker standard. The rights to religious liberty and freedom of expression were subsumed under a doctrine developed by Justice Taney and used to dispossess Native Americans."

"Since its inception, the plenary power doctrine has been expanded beyond Indian Country to justify seemingly limitless power over all kinds of people at the margins of American empire. As in Trump v. Hawaii, the doctrine fuels much of our current immigration law and policy, including executive detention and family separation."

Submitted on Monday, May 27, 2019 at 4:56:03 PM

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