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To: P-Marlowe

The law (an older law) on which Obama acted says the ban is permanent. Whether or not the law is constitutional is up for argument. I doubt it would stand up to a challenge by Trump, but the law as written allows the ban to be permanent.


37 posted on 12/20/2016 3:54:44 PM PST by Stevenc131
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To: Stevenc131

“The law (an older law) on which Obama acted says the ban is permanent. Whether or not the law is constitutional is up for argument. I doubt it would stand up to a challenge by Trump, but the law as written allows the ban to be permanent.”

The president is a sovereign. In its most basic terms, that means a president cannot bind a future president with a decree or executive order.


50 posted on 12/20/2016 4:18:16 PM PST by sergeantdave
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To: Stevenc131; xzins
The law (an older law) on which Obama acted says the ban is permanent. Whether or not the law is constitutional is up for argument. I doubt it would stand up to a challenge by Trump, but the law as written allows the ban to be permanent.

Wrong. 43 U.S.C. 1341(a) does not give any president the authority to "permanently" remove any area from consideration for oil drilling leases. Read the statute:

§1341. Reservation of lands and rights
(a) Withdrawal of unleased lands by President The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.

Notice the words "may" and "from time to time". Any removal of land is only good as long as that president or the next president doesn't undo it. The law simply gives the president the power to issue a temporary executive order.

Obama may call it permanent and the press might call it permanent, but Trump can undo it on day one.

I'm an attorney. I do this stuff for a living.

76 posted on 12/20/2016 6:04:39 PM PST by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping list.)
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