This morning you received an email like many of you have hundreds of times before with a message on some current topic and links to the Tom Mullen Talks Freedom podcast. This one was about President Trump's use of the Alien Enemies Act of 1798 in expelling members of Tren de Aragua and other illegal aliens who are members of criminal gangs.

While most of the episode rested upon solid historical ground, it had been almost ten years since I read the material in question and I had forgotten a distinction Madison made between the Alien Friends Act and the Alien Enemies Act. Madison did indeed grant that the Alien Enemies Act was constitutional while the Alien Friends Act was not. 

The main thrust of the episode, which was that the claim illegal immigration constitutes an invasion or state of war and that it was a mistake for the Republican Party and the Supreme Court to usurp the power to regulate immigration in general from the states is all good stuff. However, I thought the historical error was substantive enough to take down the episode and issue this correction.

God knows we have enough crappy history out there.

Thank goodness my work is followed (and usually applauded) by my friends at the Tenth Amendment Center who would obviously have a special interest in subjects like this. The center responded on X to my post about the episode with the correction. Special thanks to Humble Michael Boldin and the whole gang over there for keeping us all honest!

I will eventually reissue the episode with the correction made as either Episode 201 or a later episode. I apologize for the confusion and look forward to delivering more great content to you. Thanks very much for your support. 

Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness? 

 Tom