Posted on 02/06/2017 10:49:30 AM PST by rktman
The reason many folks voted for Trump is because we assumed he would stand up against crazy, overreaching judges. If he doesn’t stand up against this one, then he will lose the war because everything he does something liberals or establishment Republicans don’t like, they can go shop for a judge somewhere.
The argument of economic harm could be made nationwide over TSA delays.
National security hurts the economy on the surface, it’s a given and a tradeoff. Terror attacks hurt the economy too.
But I think Trump is right to go through channels rather than ignore the court order. We just spent 8 years accusing a president of ignoring the law.
But it's the judge, not the president, who is ignoring the law.
As I understand it Trump’s original order was to refuse immediate admission to those already holding a visa from the seven countries he specified.
That is the order the Judge overturned.
But it would seem that The president still has the right to order the State Department to delay the issue of all visa’s in those countries until the “refugee” can be satisfactorily vetted.
Is that correct?
Yep.
A court has about as much right to tell the president who should be let into this country as they do telling a president how to fight a battle during a war.
none.
Issue of National Security. *Trumps* everything.
Thank you for that correction...headache today and not thinking clearly....
But having Congress doing this, ROFL...right...
Then he FIRES their asses, just like Reagan fired the air traffic controllers.
Enough with this waiting for permission to lead. We, the American people, already granted him the authority!
He needs to wield the power of his office, or he'll be emasculated and frozen in place by our domestic enemies!
Even among the most rabid liberals, they recognize their power from utilizing the court system to either block/initiate social change has always been tenuous at best. In other words, they too understand that judicial review is merely an asserted function, not one actually enumerated in the constitution. To that effect, it has therefore always been critical that a direct one-on-one confrontation with either Congress or the executive be avoided.
Perhaps the ultimate irony of this entire exercise is that Trump is merely carrying out the law as legislated by Congress. His EO isn't a novel interpretation or overreach, but simply a function of carrying out his executive responsibilities. He has every right to completely ignore any judicial overreach in this case. One can only imagine a Congress that would even contemplate impeachment in a passing fancy by elevating the court above their own stature.
I encourage everyone to read & study the Constitution. It isn't a mistake or coincidence that the responsibilities and duties of Congress is covered in Art I in extensive detail. Then comes the executive in II, and then a very brief description of the judiciary role in Art III.
The People, as represented by Congress, are the ultimate arbitrators of their own fate. This relationship with government was resolved in the English civil war that predates and influences our constitution. That an inferior, 3rd ranked tier of the balance of power would have the temerity to assert a superior position is both ludicrous and outrageous.
Trump is going to win bigly, and thereby demonstrate where the court system actually stands.
It just plain amazes me that a black-robed judge can issue a ruling and it’s simply accepted as so. This blind acceptance raises the judicial branch to a constitutionally untenable position of superiority over the other two branches. The very fact that judges are humans injects the rather distinct possibility that their decisions may be less than infallible. Decisions by courts need to be treated more for what they were intended: opinions not edicts. Congress should have the final say on controversial court decisions by either clarifying existing laws, writing new laws or doing nothing.
“But I think Trump is right to go through channels rather than ignore the court order. We just spent 8 years accusing a president of ignoring the law.”
I agree with you. The President WILL win this and it will be a clear victory if he follows the law to do it.
>>This blind acceptance raises the judicial branch to a constitutionally untenable position of superiority over the other two branches.<<
This sort of thing is what has me befuddled. Judges have become such political activist, politically motivated rather than upholding the law as written.
What is there unconstitutional about voter ID? Enforcement of a vetting process? Deportations? I don’t get it.
I’m amazed that the Left can’t see that should jihad happen, they will be held 100% accountable and lose *everything* in ‘18.
Is this the hill they really wanted to die on? Muslims?
Send all of the DHS employees to Judge Robart’s chambers. He can run National Security from there.
Right now, with this particular case and at this particular time, Trump has both logic and the constitution on his side to seize the moral high ground. For example, not only is the EO not an overreach of presidential authority, but it's actually simply the ordering of the execution of a law **Congress** itself passed.
I think Trump chose not to defy the original court injunction because he wanted to elevate the issue to the SC. That is, he's wasn't going to play around with some low level federal judge when his sights are really set on resolving the exec <-> congress <-> court relationships.
It's better to resolve this issue now while he has an extremely strong hand, rather than wait until a secondary cause of action puts him in a more ambiguous position. IOW, now is the time to strike; and strike he has.
While everyone would probably prefer to avoid a direct fight in the interest of averting a constitutional crisis, I think Trump would actually relish defying a SC court order. This would force Congress to act, either to impeach (for the outlandish act of carrying out their very own law), or to restrict the court's sphere of influence with respect to nat'l security.
The end result of this gamesmanship is that the court is going to lose. In fact, they must lose, otherwise Trump won't be able to get anything done. This is his best opportunity and strongest position - it doesn't get any better than this.
Can’t Congress dissolve the Ninth Circuit entirely? Honestly, Trump should be forging major alliances with Congress. He’ll need them to fix what’s really wrong with this country - the Federal Judiciary. Congress has immense power over the judiciary. Trump needs to get them to use it.
Here is another case where the libturds are going to shoot their foot off. Trump can extract the people that get through the system because of the ruling later. But now because of the foolish 9th circuit court, it will go to the SC and with Gorsuch on the court by that time there can be a ruling with language that gives President Trump much more authority and discretion in these kinds of situations. End result: More Winning!!!
Why isn’t the answer for Trump to issue a new EO? Make an EO
stopping all foreigners from coming into the US for 30 days. Exceptions for those with return tickets from NATO countries, Japan, S Korea, Israel, Australia, New Zealand and Philippines. Then extend it in 30 days if extreme vetting isn’t ready.
I get the feeling Trump actually welcomed the stupid judge’s order.
bttt to your analysis.
I didn't think the courts had jurisdiction over citizens of another country who are still in their own country.
If these people traveled here and are still in the international zone while being vetted, aren't they still beyond the jurisdiction of our courts?
-PJ
I think Windflier found the key: DJT is daring the 9th to force him to ask Congress to break them into many smaller districts, all of whose judges he’d be appointing. Brier Patch maneuver.
Did Robart really think this one through? Or is he a chameleon....?
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