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Judge Napolitano: Trump has no authority to override church bans, but can do this (hint, hint)
Fox News ^ | May 22 2020 | Charles Creitz

Posted on 05/22/2020 3:56:00 PM PDT by knighthawk

Fox News senior judicial analyst Judge Andrew Napolitano said Friday that President Trump does not have the authority he says he does when it comes to overriding governors who will not allow churches or synagogues to reopen.

However, Napolitano told "The Daily Briefing" that the governors' bans are "ill-advised" and that the president does have one major recourse should a state executive fail to listen to his orders.

"In a word, no," he said of Trump's authority on the matter.

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


TOPICS: News/Current Events
KEYWORDS: churches; trump
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To: escapefromboston
Governors don’t have the authority to lock down Churches in the first place

I would take it a step further and say that governors don't have the authority to interfere with our right to assemble, period.

61 posted on 05/22/2020 5:18:31 PM PDT by throwthebumsout
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To: Vendome

Where IS AG Barr on all of these shutdowns by tyrannical Govs?

Who the h3ll is Murphy, of PA, to determine that 25 may now gather, rather than just 10? Why not 40? Or, 50???

Listening to these idiotic facists give out their strict edicts is amazing....especially on this Memorial weekend.

I hope PAs (and other blue staters) impose some push back.


62 posted on 05/22/2020 5:19:21 PM PDT by Jane Long (Praise God, from whom ALL blessings flow.)
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To: knighthawk
Judge Andrew Napolitano said Friday that President Trump does not have the authority he says he does when it comes to overriding governors........

Any Governors want to test that theory?

The Little Rock Nine & 101st Airborne Division


SEPT 2 – 24, 1957, LITTLE ROCK, ARKANSAS

63 posted on 05/22/2020 5:20:47 PM PDT by Jed Eckert
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To: BeauBo

I seem to recall that the President tasked the Justice Department to look at Governor’s actions, to protect civil liberties from unconstitutional over reach, a couple of weeks ago.

My guess is that this was identified during that process, and the Administration has already gamed out how it will play out, before springing it on the Lefty Governors to react.

In other words, its likely a prepared trap.

They reflexively do the opposite of whatever Trump proposes. Too easy.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Yes, yes, yes! Gonna be fun to watch.


64 posted on 05/22/2020 5:21:19 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: knighthawk

Does he mean that the POTUS does not have the authority to enforce adherence to the US Constitution - the First Amendment in particular. I don’t believe any governor has the authority to close churches. It is an in your face slap down of the Amendment.


65 posted on 05/22/2020 5:21:39 PM PDT by elpadre (AfganistaMr Obama said theoal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: knighthawk

This is correct. The larger issue is that governors have no authority to ban religious gatherings in the first place


66 posted on 05/22/2020 5:26:44 PM PDT by wny
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To: DesertRhino
He is the master at putting flaming bags of dog crap on their porch. And they always come out and stomp on them!

LOL! The perfect description really. I'm running that video through my imagination, and I like it. :)

67 posted on 05/22/2020 5:32:02 PM PDT by meyer (WWG1WGA, MAGA! The DNC virus is much deadlier than the Wu Han Flu.)
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To: knighthawk

I prefer the president’s way. It hits home...and will get action.


68 posted on 05/22/2020 5:35:24 PM PDT by ncpatriot
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To: Grimmy

Im calling the DOJ district office and reporting a crime in process.


69 posted on 05/22/2020 5:37:41 PM PDT by Cletus.D.Yokel (When we look to government to solve our problems, our "rights" become reduced to "privileges".)
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To: knighthawk

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

“Nor shall any State deprive any person of life, liberty or property, without due process of law.”

In Marbury v. Madison (1803) the Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution.
(So if the congress can be overruled ....?)

“All laws that are repugnant to the Constitution are null and void.”
Marbury v. Madison


70 posted on 05/22/2020 5:39:20 PM PDT by justme4now (Falsehood flies, and the Truth comes limping after it)
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To: Ann Archy

Whatever DJT says, when there is action he does NOT step ouotside of legal and Constitutional channels, even when operating within a patently unConstitutional court order.


71 posted on 05/22/2020 5:54:35 PM PDT by arthurus ( covfefe glon)
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To: knighthawk

Napalitano is wrong again: The “Take Care” clause, along with Title 18, section 242 of the US Code, gives any President the Constitutionally-unchallengeable authority to not just overrule the Governors on this issue, but to have them indicted, arrested, convicted and imprisoned.


72 posted on 05/22/2020 6:01:35 PM PDT by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: knighthawk

President Trump has the bully pulpit and he know how to use it.


73 posted on 05/22/2020 6:09:02 PM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: knighthawk

He is wrong. Eisenhower had the power to send troops into Mobile to enforce constitutional rights. Yes, the states have the police power and quarantine power. But the Federal Constitution applies to the states. And the president has the power to enforce the Constitution as against the States.


74 posted on 05/22/2020 6:18:17 PM PDT by ModelBreaker
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To: Jim Noble

There is no Federal police power.

Really. Gosh the Weavers and Branch Dividians will be happy to know that!


75 posted on 05/22/2020 6:37:38 PM PDT by Bommer (t'am a MAGA-Deplorian! It is the way! It is the only way!)
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To: knighthawk

Last I checked, none of these clowns has the ability to overturn the First Amendment.


76 posted on 05/22/2020 6:40:40 PM PDT by spintreebob
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To: knighthawk
"Any Law Repugnant to the Constitution, is void"

Marbury v. Madison (1803)

Such laws are considered void ab initio meaning that it is void from it's inception, and has no legal effect. Anyone arrested by police for violating these "laws" can file a civil case under 42 USC Section 1983, namely, there was no probable cause to arrest. It is a slam dunk civil case, and the police, and even the prosecutor can not obtain immunity from suit, when they act in open defiance of the Constitution.
77 posted on 05/22/2020 6:45:13 PM PDT by krogers58
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To: Bommer

But I presume you believe, as I do, that what happened to the Weavers and the Branch Davidians was a Constitutional atrocity.


78 posted on 05/22/2020 6:54:00 PM PDT by Jim Noble (Think like youÂ’re right, listen like youÂ’re wrong)
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To: WildHighlander57

Thanks for the ping!
“He has them boxed in. The Dem governors now either publicly “obey Trump”, OR they start a big loud fight right before the election to demand they be allowed to close churches.

He is the master at putting flaming bags of dog crap on their porch. And they always come out and stomp on them!”

THAT IS HYSTERICAL!!


79 posted on 05/22/2020 7:04:14 PM PDT by TEXOKIE
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To: TEXOKIE

TEXOKIE wrote:

“Thanks for the ping!
“He has them boxed in. The Dem governors now either publicly “obey Trump”, OR they start a big loud fight right before the election to demand they be allowed to close churches.

He is the master at putting flaming bags of dog crap on their porch. And they always come out and stomp on them!”

THAT IS HYSTERICAL!!”

You’re welcome!

I busted out laughing at that post; needs a cartoon done :D


80 posted on 05/22/2020 8:09:53 PM PDT by WildHighlander57 ((WildHighlander57 returning after lurking since 2000)
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