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'.
Agreed!
What he should do is threaten to:
rescind his original Executive Order and issue a new Executive Order ceasing all immigration for a period of time.
Furthermore, he should state that he will expand his order to include the cessation of H1B visas and will direct all of those here on visas for educational purposes to return to their home countries immediately. Then state he will direct the schools to refund all tuition money that they have received to be fair to the students regarding his order.
Lastly he should state he will ask Congress for a declaration of war against ISIS.
He should then finish off his threat that the Democrats and judicial activism have forced him to apply the ban across the board to eliminate the courts claim that his order is unconstitutional or discriminatory in nature.
That he knows he does have the constitutional authority with his original executive Order, but that he wants to abide by the courts decision that he cannot limit it to certain nations, even though there has been precedents set by former Presidents who have issued this same exact limited immigration ban.
Under U.S. Code, the president does have the statutory authority to keep anyone out of the country, for any reason he thinks best. Per 8 USC §1182:
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Then sit back and watch the Democrats squirm. On what Constitution grounds could they claim it to be illegal or unconstitutional, since it is clearly spelled out in the Constitution that the President has that authority.
This would rock the entire world, but especially the liberal world who know that their in nothing unconstitutional about it whatsoever. It may also cause the silent majority to arise to the occasion calling for Congress to impeach these judicial activist sitting on our court systems.
Now the Democrats would be in a real quandary of their own making, and nothing at their disposal to stop him with. Perhaps then they will shut up and rethink their strategy before they inflict even more damage to their cause célèbre.
Trump just f’d us over, he allowed some obscure judge in Seattle to impede his plain as day/black/white language rights as Potus and then run it to the “fixed” 9th.
If you can’t see the gravity of this mistake, yes, you’ve not just been wrong before...
We are now a nation of laws, interpreted by leftist judges of the left coast. FML
I can’t believe how great your response is, Robert. It is so well thought out. I hope our Trump Team reads your post. Or better yet, maybe you will consider emailing them with your ideas.
If I were President Trump, I’d hire you as Adviser to the President.
I wondered why he followed the ruling too. He was clearly within the law and and his rights as president. What’s next, states sue the government for following immigration law?
Jim, it appears that Trump not only made a mistake, but a historically damaging one.
He had “plain as day” english describing his authority. He got cute when questioned by some obscure judge in Seattle.
Instead of telling them to “mind their own business”, he blinked.
I’m not sure how much money, or blood this will cost, but it’s going to be plenty.
My only hope is that tomorrow morning Trump comes back and explains that since his order that was defined was not valid, his new order which bars ALL immigration IS VALID. And since he has plain English authority, he will not recognize any court authority in THAT matter.
If Trump doesn’t do the above, I’m thinking we’ve just gone to the abyss, and are headed for full blown chaos. The left will simply use the court to stop Trump every single day.
Self inflicted wounds are the worst.
Seems to me that the President does not legislate. His position is to ‘execute’ the executive function of the Executive branch and the law of the land as it was voted by Congress. Congress represents the will of the people.
Otherwise, our president will become a third world potentate and we a third world dictatorship.
their in nothing unconstitutional about it whatsoever.
Should say:
there is nothing unconstitutional about it whatsoever
zThe president is showing no signs that he would ignore a court. He is showing respect to literal Evil.
I understand that you quote Jefferson, but understand that the branches are in fact not coequal.
The primary power is with the Congress, Article 1
Secondary the Executive, Article 2
Last and most definitely least, the judiciary Article 3.
They cannot be coequal because they do not have the same function or responsibilities
Furthermore, there is no authority for any court save the Supreme Court in the Constitution.
It is HIGH time to end the radical reign of the tyrannical despot so-called judges in federal courts created by the Congress.
No. That would be the court provoking a crisis.
Well thank you, however, after a short period I’m sure he couldn’t resist saying: You’re Fired!!!! 8>)
Kennedy needs to be replaced by someone at or to the right of Alito.
But he did allow a case to be heard in a court without jurisdiction. SCOTUS has Original Jurisdiction accord to USConstitution. Trump and all real USAians need to return to the original (supreme) law(s).
I think Trump should do a new EO - directing the State Department to implement extreme vetting for all visas to ensure that people likely to harm the US be denied visas and refugee status. No need to mention the seven countries. State can make an internal determination.
The State Department can then do all the foot dragging they need to not issue visas - they could ask the visa applicant a hundred questions, request paperwork and so on and so forth delaying issuance of visas. I know how this works because I was caught up in a 3 month delay once because the consular officer did not want to issue me a visa (this was in 1977).
There is nothing these leftists can do to stop this new EO.
Yes Mr. Trump could ignore the court but I would recommend that he not do so. There are other vital issues at stake in the Trump revolution that would be jepordized by impeachment or even the threat of impeachment. There are enough turncoat Republicans in Congress that I am sure are salivating at the chance to damage or depose the President. Also many of us voted for Mr. Trump in the hopes he would restore the respect for and the rule of law in the oval office. I hope instead of pounding his chest and following his ego,that Mr. Trump will use his intellect and business acumen to achieve our immigration goals.
Yes he could and could probably avoid impeachment but would do so at the expense of his entire agenda.
A better way would to recognize he is playing on a far different field than he has ever been on before and his opposition knows the rules of the game far better than he does.
He lost this case because he was not adequately prepared and did not have competent legal representation. He had the constitution, statutes, and common sense on his side, but the other side had the press, good lawyers, and a sympathetic court on their side.
His first act should be to hire a top flight lawyer from a major Washington law firm who has extensive contacts and experience in government. Next thing would be to listen to him or her and stop pretending that he knows everything. He can't bully, intimidate, embarrass, or trick these people into falling in line. He will have to beat them at their own game and, like it or not, good lawyers are the special forces in this conflict. It is time for amateur hour to end. Twitter might excite his base and even relieve his frustration, but it will not help him win in any court.
Thank you for making the point on this. That’s something I really don’t have enough knowledge to address.
It is a plausible argument to me.
Oh ye of little faith, yes we sent him up there to CHANGE those rules (the ones that the Washington lawyers & politicians play by in lieu of the Rule of Law established by We the People and enshrined in the Constitution of the U.S.). MAGA!! Drain the swamp!!
Stay the course, fight the good fight. Let the attackers in through the gates.
Meanwhile, empower the police, ICE and feds - and finally, eliminate all restrictions on firearms ownership.
If he ignores the courts, they’ll have fuel for their fire.
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