I recognize that others feel that this remedial legislation would effectively remove the constitutional prohibition under article I. section 6. clause 2. There is little doubt. however. in the event this legislation is passed and Senator SAXBE is nominated and confirmed by the Senate. that his authority will probably be judicially challenged on constitutional grounds. Under normal circumstances. such a challenge could quickly arise upon the Attorney Generals signing of a deportation order or in the delegation of one of his powers to an assistant. such as the delegation of the signing of wiretap orders. It is conceivable that a challenge could come if the new Attorney General tried to circumscribe. in any way. the guidelines once again in the Federal Register governing the jurisdiction and authority of the Special Prosecutor. who remains in the Justice Department under the authority of the Attorney General. Under normal procedure. this litigation could take as long as a year or more in the courts. During this time. some areas of activity. and even some prosecutions of the Justice Department. would be placed under a cloud. for example. investigations and prosecutions involved in the area of organized crime. and prosecutions stemming from the activities of the special prosecutors force. Immigration matters could also conceivably be placed under the dark shadow caused by the possible unconstitutionality of the Justice Departments chief officer. the Attorney General. None of us wants this to happen. It is possible that in the event this remedial legislation is passed and Senator SAXE is confirmed as Attorney General. no convictions would be lost and no investigations would be stopped.
Keywords matched
Immigration deportation