Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Trump should disregard clearly unconstitutional court orders
americanthinker.com ^ | 2/6/2017 | Ed Straker

Posted on 02/06/2017 10:49:30 AM PST by rktman

The federal courts are making a power grab early in President Trump's term. Trump's executive order, a temporary entry ban from seven dangerous countries, was modest in scope and had ample precedent: Barack Obama had temporarily stopped immigration from Iraq, and Jimmy Carter from Iran. Historically, the president has been given a wide latitude when it comes to matters of national security, and the decision of whom to let into our country is clearly a national security matter.

And yet Judge James Robart made a radical move to reopen our borders to all these people from chaotic, ISIS-infested places like Iraq, Yemen, and Syria, potentially putting American lives in danger. President Trump is appealing, but it will take a while for the appeal to wind its way through the Ninth Circuit and probably the Supreme Court.

Judge Robart's reason is totally nonsensical: that the people of Washington state and Minnesota will suffer if people from Sudan and Yemen aren't allowed to enter the country. The exact opposite is true.

That's why President Trump should label this decision an illegitimate, unconstitutional power grab and disregard it. He can continue to appeal it but make it clear that he is not going to comply with the restraining order, even temporarily.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Philosophy
KEYWORDS: exexutiveprivilege; theboss
Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last
To: All

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.


21 posted on 02/06/2017 11:21:23 AM PST by bereanrabbi
[ Post Reply | Private Reply | To 18 | View Replies]

To: rktman

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.


22 posted on 02/06/2017 11:21:38 AM PST by SaxxonWoods (Ride To The Sound Of The Guns)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SaxxonWoods
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.

23 posted on 02/06/2017 11:24:43 AM PST by Buttons12
[ Post Reply | Private Reply | To 22 | View Replies]

To: rktman

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?


24 posted on 02/06/2017 11:34:11 AM PST by Iron Munro (If Illegals voted Rebublican 66 Million Democrats Would Be Screaming "Build The Wall!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: rktman

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.


25 posted on 02/06/2017 11:57:48 AM PST by TexasFreeper2009 (Make America Great Again !)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vette6387

Thank you for that correction...headache today and not thinking clearly....

But having Congress doing this, ROFL...right...


26 posted on 02/06/2017 12:00:21 PM PST by HarleyLady27 ('THE FORCE AWAKENS!!!' Trump/Pence: MAKE AMERICA GREAT AGAIN!!!)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Terry Mross
If he ignores the court then the agencies say “Screw you”,

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!

27 posted on 02/06/2017 12:15:11 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: txhurl; Mr. Douglas
I suspect this was a trap set for the judiciary from the very initiation of the EO.

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.

28 posted on 02/06/2017 12:22:41 PM PST by semantic
[ Post Reply | Private Reply | To 20 | View Replies]

To: rktman

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.


29 posted on 02/06/2017 12:23:51 PM PST by lakecumberlandvet (APPEASEMENT NEVER WORKS.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SaxxonWoods

“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.


30 posted on 02/06/2017 12:29:41 PM PST by beelzepug (Anybody I attack may rest assured it's personal!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: lakecumberlandvet

>>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.


31 posted on 02/06/2017 12:31:47 PM PST by servantboy777
[ Post Reply | Private Reply | To 29 | View Replies]

To: semantic

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?


32 posted on 02/06/2017 12:31:48 PM PST by txhurl (The LEFT are screaming at the Tsunami, and the Sky, trying to set fire to the Ocean- S.Tom)
[ Post Reply | Private Reply | To 28 | View Replies]

To: rktman

Send all of the DHS employees to Judge Robart’s chambers. He can run National Security from there.


33 posted on 02/06/2017 12:34:45 PM PST by joshua c (Cut the cord! Don't pay for the rope they hang you with.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: txhurl
To be honest, I don't think the core issue is about gaining add'l seats during the 2018 election cycle. Rather, it's about the fundamental role of the judiciary and separation of power between the 3 branches of gov't.

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.

34 posted on 02/06/2017 1:23:53 PM PST by semantic
[ Post Reply | Private Reply | To 32 | View Replies]

To: gibsonguy

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.


35 posted on 02/06/2017 1:50:20 PM PST by wiley (John 16:33: "In the world you have tribulation, but take courage; I have overcome the world.")
[ Post Reply | Private Reply | To 10 | View Replies]

To: rktman

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!!!


36 posted on 02/06/2017 2:07:13 PM PST by Revolutionary ("Praise the Lord and Pass the Ammunition!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: rktman

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.


37 posted on 02/06/2017 3:05:44 PM PST by Captain Jack Aubrey (There's not a moment to lose.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: semantic

bttt to your analysis.


38 posted on 02/06/2017 3:11:04 PM PST by txhurl (The LEFT are screaming at the Tsunami, and the Sky, trying to set fire to the Ocean- S.Tom)
[ Post Reply | Private Reply | To 34 | View Replies]

To: rktman
A court could stop Trump from doing enhanced vetting, claiming that it discriminates against Muslims from ISIS-infested countries.

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

39 posted on 02/06/2017 3:18:57 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: semantic; Windflier; Political Junkie Too; AFret.; Jim Noble; Ingtar; SharpRightTurn

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....?


40 posted on 02/06/2017 4:02:51 PM PST by txhurl (The LEFT are screaming at the Tsunami, and the Sky, trying to set fire to the Ocean- S.Tom)
[ Post Reply | Private Reply | To 34 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson