Posted on 11/20/2018 12:13:40 PM PST by SleeperCatcher
Conflicted: Because the presidents who nominate them are political, federal judges who are appointed to the bench are political as well, which is why our country gets so many rulings from that conflict or appear to conflict with U.S. law.
We got another one on Monday: A federal judge in California, appointed to the bench by President Obama, ruled that POTUS Donald Trump has no authority to issue an executive order changing asylum rules that are clearly being abused by hordes of migrants.
The Associated Press reported:
U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry and temporarily barred the ruling from going into place while the case is heard.
Whatever the scope of the Presidents authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden, said Tigar, a nominee of former President Barack Obama.
Except, of course, when Obama changed immigration law by claiming authority to stop the deportation process for so-called Dreamers.
(Excerpt) Read more at thenationalsentinel.com ...
...and of course, the armed citizenry are the ultimate authority!!
...and of course, the armed citizenry are the ultimate authority!!
IOW, the executive, legislators, and judges all take oaths to uphold and defend the Constitution of the United States.
If the courts are the final arbiters of what is constitutional and the judges violate their oaths, then we’re farked. <-—We are here.
Seems like there are more than a few dim bulbs sitting on the bench who believe they have the right to say what the law is.
Marbury v Madison was a power grab by the court.
Imagine that? The law is what we say it is. Cool. We unelected judges should run the place.
The executive and legislature don’t even need to take an oath to uphold and defend the Constitution, we the unelected black robed tyrants have got this handled. Sit back and relax while we define the constitutional powers that you’re allowed to have under the Constitution.
“No,
Trump should appeal the ruling, all the way to SCOTUS if necessary.
And if he doesnt win there, Congress needs to act to change the law.
And Congress needs to consider impeaching the judge.”
Yes! Appeal this Judges ruling but keep this Executive Order in place until the Supreme Court decides otherwise.
“Yes! Appeal this Judges ruling but keep this Executive Order in place until the Supreme Court decides otherwise.”
These actions by these radical leftist judges are not happening by chance. This is a coordinated effort to #resist #stall and #sabotage President Trump.
I said that they would increase these injunctions[unconstitutional edicts] as time went on and I was right. Is President Trump supposed to appeal every injunction that comes down the pike? With no guarantee that SCOTUS will even take it up? Months on end with no resolution?
That effectively nullifies the power of the presidency. Which is exactly why they’re doing it.
You have ie back asswards Tell the judge to pound sand and continue on enforcing his rules, make the tyrant judge move his case forward. The worst thing the President ever did was acknowledge some tyrant district judge had the power to determine immigration law. If he doesn't get a handle on it his Presidency is over.
Imagine a dozen of these tyrants all at one time, where do you go then?
This is not the process that was set up, why do you ignore that? District Judges had authority in their own district, until recently, who changed that?
It should not be a court matter it is within the President authority, if he doesn't deal with it in a powerful way, kiss 2020 goodbye. Coulter is right.
Say that again?
I have wondered for many years if “here” would come in my lifetime. Yes, “we are here”.
As I understand it the judge cited a very specific immigration law.
Unless the judge’s interpretation of the law is wrong and that opinion is overturned by an appellate court or SCOTUS, then it’s not within the President’s authority (as much as I would like it to be). The President is sworn to uphold the law. And this judge has ruled that the Congressional intent was clear that anyone no matter how they got here can apply for Asylum.
Maybe Trump can consider that they broke the law by entering the country illegally in the asylum process and reject them after consideration. But if the judge’s ruling stands, then Trump has to allow them to apply even if he rejects their application after consideration.
My double click is getting worse. I’m getting triples lately.
It's a trap.
The Democrats WANT him to ignore the judge, in order to serve as the basis for an impeachment charge. Better would be to get a Supreme Court ruling that would gut the ability of hundreds of federal judges to each have veto power over the President (at least, when he's Republican).
What courts DO do, is give cover to bureaucrats to ignore Presidential orders. Which is what will happen.
Any low-level official who disregarded the President's order will be protected by Civil Service regs from being fired. Conversely, any bureaucrat who obeys the President's order in defiance of the judge risks being personally sued, and risks being fired at some point in the future when a new administration takes office.
Back in Jackson's time, he had the power to fire, on the spot, anyone who refused to carry out his order. Trump does not currently have that power.
They have to get in first !!!
True and the razor wire is a nice addition to make sure that doesn’t happen. But they haven’t secured the entire border with it yet.
True and the razor wire is a nice addition to make sure that doesn’t happen. But they haven’t secured the entire border with it yet.
Andrew Jackson time.
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