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'.
One already exists. The courts think they run the country
Yes. The PR problem would be tough but thus has beencovered at length on radio talk shows.
The court is attempting to usurp power from the executive branch.
It need not become a constitutional crisis. All that is necessary, according to Article 3 of the US Constitution, is for Congress to restrict the appellate jurisdiction of the Courts. Congress can, and did so up until the last third of the 19th century. Time to dust off that old document, the Constitution that is, and abide by its provisions. Simple enough. Case closed.
He really blew it. He completely fell into the 9th circus trap. So now Nat Security is in the hands of a Rat court. What a cluster bleep, a judicial coup. So now his entire agenda will be run through the 9th. Great. It just sickens me.
THIS IS A GIFT TO TRUMP NOW HE CAN IMPEACH THESE JUDGES.
THE CONSTITUTION GIVES THE PRESIDENT WIDE AUTHORITY ON WHO CAN BE BARRED FROM THE COUNTRY ON SAFETY GROUNDS, HOW LONG THE PERIOD, REGARDLESS OF CLASS.
THESE JUDGES AIN’T EQUAL TO A PRESIDENT
THEIR ACTION IS IMPEACHABLE.
Most of which likely got/get most/all their info from FR or similar conservative citizen sites.
The point is, they could then be ignored with impunity. Indeed, merely to take up a case would be grossly impeachable.
I really think they should just do a new EO especially now that they have a feel for what Judges will be asking so they should be more prepared to provide support and documentation for numbers, percentages, etc.
I also think Ivanka should stop her clothing line and concentrate on the job she wanted, which is to be an adviser to her Dad. They had to know there would be a back-lash on her clothing line and surprised they didn’t see it coming.
It is not the President provoking a Constitutional
crisis, it is the liberals, and they deserve every
bit of what is coming to them.
Not quite time for pearl clutching yet, FRiend.
POTUS is not just one guy sitting behind a desk @ 1600 doing all the thinking by himself.
They would impeach him so fast, it will set records.
Yes, but probably not the best way to go long term.
I’d think that the administration ought to have known this would happen and have planned accordingly for long term political gain and for long term constitutional gains.
The court are the ones who acted unconstitutionally, i.e. Beyond their role or authority.
By asking for evidence of danger of terrorism from these countries they took on the legislative role.
Their role is to determine if the President has the constitutional or legal authority to set such a policy, not to determine if it is a good policy.
It is 100% constitutional for a President’s policy to be questioned or challenged. That is the role of the legislative branch.
Democrats have simply lost all their constitutional power so they seek a constitutional crisis.
But, there isn’t one and the Supreme Court will uphold the President’s authority.
I think he could, but President Trump won’t do that...
You are seeing an very honest President...and if he did do what Barky did then he would be stooping to the level of dirt that Barky walked on...
President Trump will not do that...he will go to the Supreme Court and have it over ruled, the right way...he gave this ninth circus idiots their chance, they messed it up, President Trump will fix it right this time...
If anything happens before this is completed, blood is on the ninth circus’s hands not President Trump’s and not on ours!!!
“All that is necessary, according to Article 3 of the US Constitution, is for Congress to restrict the appellate jurisdiction of the Courts.”
(That is also a way to allow states to retain their own abortion laws, gay marriage laws, etc. But the GOPe Congress has never had the stones.)
Legally, yes. Politically at this time, no. Political capital is not to be wasted with everything he wants to accomplish.
Obama ignored the courts on his Dreamer executive order.
Now you are beginning to wake up.
If McConnell doesn’t blast Gorsuch through pronto, he’ll be exposed yet again for the sellout fraud that he is.
No. Every President could claim he could ignore the courts whenever he didn't get his way. You do not want to live in that country.
Separation of powers doesn't mean the President can ignore the court. It means the court decides what the law means, but if Congress and the President don't like it they can change the law.
Regarding this specific case, I've reviewed the decision quickly, and here's the deal.
Because this is an appeal the burden is on the government to show why the lower court should be overturned. It's only a restraining order, not the underlying case, so it's an easy decision to leave things alone. That's basically what they did.
The key issue is due process. Anyone in the country, even illegally, has due process rights. And due process is in the Constitution, neither Congress nor the President can ignore it. They found that the order didn't allow for due process for anyone here. BUT, they also acknowledged that this issue doesn't apply for aliens outside the country. They simply chose not to do a partial reversal, or in their words, rewrite the order. However I see no reason the President couldn't issue a new order, if he wanted to, that limited itself to aliens outside the country who do not already have visas. There is no due process issue there. This court has admitted that much.
They would freak out if impeachment were started.
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