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'.
He should go before the American people, read that law and his EO, make it obvious before the people that the judges have totally usurped their power by ignoring the plain language of the law and declare that he will proceed with his executive order until Congress changes the law.
One politicized judge should not be allowed to supercede the will of a president and Congress.
Let the Rats try to impeach him if they dare.
“Not without provoking a constitutional crisis.”
Didn’t Obama and some of his clown officials ignore court orders? http://www.judicialwatch.org/blog/2017/02/dhs-ig-let-obama-defy-court-rulings-illegal-amnesty-acts-probes-trump-muslim-order/
Stop all immigration 100%: legal, illegal and refugees for at least 10 years
Your points may be valid, but the law(s) as written mean nothing when a judge say they mean something else. That’s what happened here with the 9th circuit. Liberal judges see the law as a topical heading under which they can exert their partisan ideas and agenda. The letter of the law isn’t even secondary with them.
I agree. A bunch of lawyers on Charles Payne’s show were saying the same thing.
One did say something interesting. He said they should ask for an emergency stay from Kennedy and if he ruled for them, then if one if it was appealed to the full scotus and the scotus tied that it would fall back to his ruling rather than to the appeals court.
If he ruled against them, then rescind the old order and proclaim a new one with tweaks in it.
Can Congress defund the 9th Circuit?
They couldn’t care less. The left would blame us.
“Its a TRO//restraining order hearing where theyre arguing the merits of the EO ...”
Yes. They are to decide if the EO is Constitutional, not if it’s good policy.
Congress can decide if it is bad policy and act accordingly.
What I find hilarious is that the kritarchists are now arguing that a nationwide TRO is just fine.
They argued the exact opposite when Judge Hanen issued his order in the DACA case brought by Texas:
http://www.scotusblog.com/2016/11/academic-highlight-bray-on-reforming-the-national-injunction/
Yes President Trump can. The Congress pass a law and he, as the Executive, acted upon it. That makes two co-equal branches of government against the Judiciary. Trump and America wins. I think he needs to see it to the Supreme Court but, even if they vote against him, the law is clearly on his side.
If necessary President Trump should call for the impeachment of the 9th .
Circuit Judges. And the Supreme Court Justices, for delivering a politicized verdict that is contrary to the Constitution.
I think it would be just the opposite, it would expedite the rest of his agenda. As things stand now the Rats will take him to court over everything.
What he needs is to make sure that the majority of Republicans in the house stay with him to thwart any impeachment attempts.
He has ABSOLUTE power in this matter.
“just start up a large paperwork chain for those 7 countries.”
Add a country each time.
I don’t think an impeachment proceeding is guaranteed to happen.
For one thing, someone would make congress explain why the gave the prez the authority that Trump is following.
Has to go through house. Has to go through senate.
Even if proceedings started, I doubt they would actually go to the point of impeaching him.
They never impeached Jackson.
If he does ignore them for the right legal reasons, I hope he takes it straight to a Presidential Address on TV to explain why and exactly what you said, since these leftist judges stepped way over their legal authority.
Taking it straight to the American people, for the security of all Americans, would set the true legal narrative before the enemedia had a chance to distort it. You know they will if he doesn't take it straight to the American people.
CGato
Power struggle part 1
This isn’t about the law, or the courts, or certain judges. Its about Trump.
The form of the controversy is by the bye. If not this, it would be something else for sure, and after this there will be something else. And its not even just about immigration, though that is important to many of his enemies.
The Powers That Be have to take him down or render him harmless like they did to Schwarzenegger, else he will break their rice bowls. And I’m talking of the bureaucratic-crony capitalist nexus.
Politically, it makes a lot more sense to comply with the order. If Trump tries to defy it, enough Republicans may actually rise up to impeach him (only about 20 are needed from each body). If he lets the order stand, and there is an attack - the Dems get all the blame, and while the loss of American lives is a high price to pay, many more will be lost (in many different ways) if Trump, and possibly Republicans as a whole, are driven from office - by trying to ignore this order.
Anyway, that’s my take - if the Democrats want to own the next attack so much, let them...the key is that Trump and his agenda remain in power.
forget the order
investigate ever perso entering crom the 7 countries until satisfied they are ok
stop issuing visas
let them sue from somalia or syria
He can probably ignore the order, but I don’t think he will. This will ultimately blow in the face of the 9th, and they will regret this smart ass decision.
Make the State Department totally stand down.
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.