ADDENDUM L: Constitutional Doctrines Under Assault and the Path to Restoration

Parsing 'Good Faith' Illegal Immigrant From Attacker With Courts is Illogical

Part 1:

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I. Introduction

The United States is in the midst of a constitutional inversion—one in which foreign nationals who violate immigration law are afforded greater procedural rights, political protections, and judicial deference than the U.S. citizens who fund, serve, and sustain the constitutional republic.

The preceding addenda (A–K) document a system in which judicial activism, subnational defiance, and legal fictions have eroded the core constitutional pillars intended to defend the United States from foreign infiltration, rebellion, and asymmetric threats.

This final exhibit identifies the specific constitutional doctrines now under siege, the operational consequences, and a framework of remedies for restoration.

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II. Doctrines Under Assault

| Doctrine | Constitutional Authority | Current Violation |

| ---------------------------------- | ---------------------------- | -------------------------------------------------------------------------------------------------------------- |

| Separation of Powers | Articles I–III | Courts have seized enforcement and policy roles via injunctions and precedent (Addendum I). |

| Take Care Clause | Art. II, §3 | The Executive is unable to “faithfully execute” immigration law due to judicial obstruction (Addenda B, D). |

| Suspension Clause | Art. I, §9, cl. 2 | Courts refuse to recognize modern invasion scenarios, disabling emergency powers (Addendum J). |

| Equal Protection | Amend. XIV (via V) | Citizens receive less enforcement leniency than illegal entrants (Addendum G). |

| Plenary Power over Immigration | Art. I, §8, cl. 4 | Judicial rulings override Congressional immigration authority (Addenda I, K). |

| Entry Fiction Doctrine | Mezei, 345 U.S. 206 | Physical presence now grants full constitutional rights, voiding sovereign control at the border (Addendum H). |

| Federal Supremacy | Art. VI, Cl. 2 | Sanctuary jurisdictions nullify immigration law enforcement (Addendum F). |

| Nondelegation Doctrine | Chadha, Youngstown | Judicial interference usurps policy discretion from elected branches (Addenda I, K). |

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III. Strategic and National Security Consequences

1. Asymmetric Legal Privileges:

Non-citizens unlawfully present have access to procedural delays, bond hearings, and protection from indefinite detention not available to citizens under criminal law.

2. Functional Border Collapse:

Illegal entry, coupled with claim of asylum or persecution, now guarantees judicial protection and prolonged presence regardless of national interest.

3. Infiltration Without Consequence:

Paramilitary actors, foreign agents, and cartel operatives may enter the U.S., embed in sanctuary zones, and avoid enforcement for years through constitutional litigation protections.

4. Citizen Disempowerment:

U.S. citizens are subject to unyielding enforcement (e.g., tax law, gun laws, criminal charges), while illegal entrants may litigate their removal for a decade.

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IV. Framework for Constitutional and Institutional Restoration

A. Legal and Judicial Reform

1. Curtail Nationwide Injunctions in immigration cases (via statute or SCOTUS intervention).

2. Reaffirm the “entry fiction” doctrine by SCOTUS in future immigration rulings.

3. Recalibrate the Suspension Clause’s application to non-traditional invasion scenarios.

B. Legislative Action

1. Enact a Sovereign Enforcement Act reaffirming Presidential discretion under:

8 U.S.C. § 1182(f)

50 U.S.C. §§ 1701–1708 (IEEPA)

Article II, §2 wartime powers

2. Codify expedited removal powers with reduced judicial review under national security conditions.

3. Condition federal funding on compliance with federal detainer requests and cooperation with ICE (revise 8 U.S.C. § 1373 enforcement mechanisms).

C. Executive Reassertion

1. Issue an Article II Memorandum declaring certain forms of mass infiltration and criminal entry as qualifying under the “invasion” standard.

2. Utilize dormant provisions of the Alien Enemies Act (50 U.S.C. § 21), where applicable.

3. Suspend non-essential adjudication mechanisms during emergency conditions under a State of Internal Security Emergency Declaration.

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V. Conclusion

The Constitution is not an instrument of national suicide. Its guarantees are designed to preserve the people and the polity, not paralyze them in the face of aggression cloaked in legal ambiguity. The current enforcement regime violates the balance of powers, renders emergency provisions meaningless, and fosters a tiered legal order that punishes citizenship and rewards circumvention.

Only by reasserting the structural Constitution—faithfully, urgently, and without apology—can the United States restore its borders, its laws, and the equality of its citizens under both.