Posted on 02/09/2017 4:01:56 PM PST by Jim Robinson
Vanity Discussion Question: Can the president ignore the court order and continue with his valid executive order?
It appears the president is acting in accordance to his constitutional powers and specifically in accordance to laws regarding immigration and has been challenged and overridden by an unconstitutionally political activist (liberal) court.
If so, can he can he continue with his valid orders controlling the actions of the executive branch? No doubt this would set up a "constitutional crisis" but this is going to happen soon anyway as it's the only way we will ever restore constitutional government, ie, the liberal activist courts will have to be toppled eventually. Why not now while we have a strong president and Republican majorities in both housees of congress?
Just askin'.
I should think he can be the Commander in Chief.
We lose in a 4/4 Supreme Court anyway.
Here's hoping that Pres.Trump has placed several of them on retainer.
Quote:
“Not without provoking a constitutional crisis.”
Let’s provoke it. The Declaration of Independence demands it.
“I would recommend that Donald Trump just withdraw the order and then issue a new one.”
Yep. He should issue multiple EO’s.
Let the moonbats try to strike down each one.
Yes, Trump can and should—although there are huge political considerations. But there is also a separate remedy: Congress decides which cases and controversies the federal courts decide (aside from a few specified in the Constitution), and it could withdraw immigration law from them altogether. It is long past time that Congress exercised this prerogative, and this is an excellent place to start—not that any of them has the guts.
The Constitution gives judges the authority to decide controversies between U.S. citizens and non citizens, but if no U.S. citizens are involved there is no rule what they can do.
The 9th Ciruit has provoked a constitutional crisis. Or more accurately, it has usurped unconstitutional powers.
Yes, he is a democrat, a buddy of Fatty Murray although he was appointed by GWB.
Here's hoping that the "permanent" becomes "temporary" or "former" soon. Just another part of Drain The Swamp.
Very interesting.
I agree.
I think he probably could, but that would be an open invitation to an impeachment and he knows it. Trump is a lot more intelligent than his detractors give him credit for.
I think he made the right call by going along with it, and by the time the supreme court sees it his appointee will be in place, and it will be thrown out.
In the meantime it will be tricky, but he can go ahead with improving the vetting process, which I’m sure is already underway. This is a setback, but not a major roadblock.
As someone already noted, what he did is completely within his authority, someone even posted the appropriate clause. It says he can shut down ALL immigration as he sees fit according to national security concerns.
The only drawback to this is I’m sure a number of people who do not have our best interest in mind are on their way here right now. Anyone who does not believe this only has to look at Germany, Belgium and France.
Personally, I think he should have shut down ALL immigration until they have a handle on how to find out who is coming here, where they really come from and why they want to be here.
Not so, except for the general urgency of the situation. The losing party (the Admin so far) has to be the one to appeal (except in cases where both parties lost some portions of the rulin), so they're in control of the timing, or at least they can hold it up. All the Admin has to do is not appeal until Gorsuch is confirmed and seated.
If the Congress, and the People, do not rise to fight this lawlessness they’ll not fight for anything.
No, not according to Fox’s Judge Napolitano, but the President could consolidate the 47 suits that have been filed against his ban from Leftists everywhere and give that combined case to the judge in the Boston court who ruled in favor of him. and let her decide it. At least the proceedings would be removed from the Communist west coast. The Ninth Circuit Court should be split into four courts. It is ridiculous to have 27 judges in this huge court, so they can never get together to vote en bans because of the logistics that would require. The Ninth also has been reversed 86% of the time, so it is a rogue court. It deserves dismantling.
Not to speak for her, but Laura Ingraham and many of her guest have opined and said tweaking this E.O. to allow green-card holders from these 7 countries to come in ( if my readback is correct ) would do it.
Congress should impeach every judge that ruled against the law they passed and has been in use for over 60 years.
I think it takes more than a simple majority to impeach a federal judge. There is no way he would get an impeachment through the Senate.
There may be a way for Congress to re-organize the Circuit Courts that would only require a simple majority. Might move the 9th Circuit to Idaho or Orange County CA so it isn’t wallowing in liberal SanFran. Wouldn’t get rid of the current judges, though.
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