Posted on 02/04/2017 11:36:33 AM PST by Jim W N
From what I can tell, an executive order combines legislative and executive powers in one act and one office, the substance of a dictatorship. The Constitution does not allow the executive branch to make law.
"All legislative Powers granted herein shall be vested in a Congress of the United States..." (Art I, Sec 1 - U.S. Constitution).
From what I can tell, the only valid Trump executive orders may be those repealing Obama's stench of unconstitutional executive orders.
It's not enough to cheer Trump's good intentions in wanting to right decades of wrong-doing by the feds. Constitutionally, HOW is just as, if not more, important than WHAT when it comes to federal action. Other than overturning Obama's surfeit of unconstitutional executive orders, which of Trump's executive orders are not unconstitutional and shouldn't first be passed as law in Congress?
WE THE PEOPLE need to be more than semi-mindless cheerleaders for "our side". We need to be watchdogs verifying the constitutionality of federal acts including those done by those we have elected. "Trust but verify", Ronald Reagan said in reference to treaties which effectively is the same as electing government officials. "Trust but verify" is exactly what we the people should be doing with our elected officials including Trump.
Tyranny on the Right is just as dangerous as tyranny on the Left because "benevolent" tyranny will sooner or later become very malignant, malevolent, and deadly tyranny.
We the people must once again understand that freedom comes from the feds being constrained by the objective Rule of Law (in America that is the Constitution) and tyranny comes from the feds unrestrained and limited only by their own subjective whimsy and morality - the rule of man.
In America, the only legal bulwark of protection of our freedoms against the tyranny of the feds is the Supreme Law of the Land, the Constitution as written and originally understood and intended. Our job in re-birthing our Free Constitutional Republic beginning here and now, is to reinstate the Constitution front and center as the Supreme Law of the Land against the feds.
THEN YOU ARE AN IGNORANT FOOL, BY YOUR OWN DESCRIPTION.
If the Emancipation Proclamation applied to a “separate nation,” then there would be no constitutional grounds to oppose it.
In short, E.O.s are constitutional because they do not make law but merely implement existing law.
There should be no need for EO’s. Just follow the existing law. Only 18 EO’s were written by the first 6 Presidents. If they weren’t popular then, why the hell are they now? We can do without them and if both parties abide we will be far better off. We don’t like it when libs issue EO’s and obviously they don’t like it when we do. Just stop it and let Congress do their job.
As Commander-in-Chief the president automatically has total powers and that should be sufficient. Think about it, we can’t lock up a person BEFORE he commits a crime therefore assuming that immigrants will commit a crime is BS. There are laws on the books that determine who or how people can come into this country. It shouldn’t be by ANY presidential decree. The presidents that did this in the past (according to this Seattle judge) were wrong I guess, so let’s just stop it.
My suggestion is that Congress pass a law that halts any immigration for a few years until we get our house in financial order and look after our present population.
The most controversial Executive Orders have always walked a thin line of constitutionality.
Lincoln’s suspension of the constitutionally guaranteed right of habeas corpus was declared unconstitutional by a federal judge. Lincoln ignored the court ruling.
Franklin Roosevelt’s internment of American citizens of Japanese ancestry was upheld as constitutional.
Truman’s attempt to nationalize the steel industry in order to prevent strikes during wartime was struck down by the Supreme Court.
In both Rasul v. Bush and Hamdi v. Rumsfeld the Court ruled that the President’s Commander-in-Chief power did not give him the unlimited authority to detain “enemy combatants” indefinitely
without giving them any recourse in the Courts.
“both makes and carries out law.”
Got a legal citation for that claim?
An executive order is nothing more than the president exercising his authority. It doe snot “make law”, it carries out law.
Seriously, get an education.
So just direct the proper agencies to stop the process with a phone call. Don’t call it an executive order with a number on it. Just do the job. Perhaps call in the Leader of the House and Senate Majority leader and inform them of the action required and give them 24 hours to object. I don’t know what is right or proper but we can’t have all this turmoil and it has to stop.
I’m a huge Trump fan but I’m not happy how the libs are reacting....anarchy is what it is. How do you stop it?
Exactly. That is why it was necessary to post both the Union position and the Confederate position. Lincoln never accepted the “states in rebellion” as a separate nation.
In practice, every time Union troops gained control of an area in the Confederacy, any slaves that made it to Union lines were free. That was in direct opposition to federal law, the Fugitive Slave Clause, Article IV, Section 2 of the Constitution and the Fugitive Slave Act which required return of runaway slaves to their masters.
It can also work in reverse: any time a president issues an Executive Order, Congress can pass a law that invalidates that order. Of course that would usually require a presidential veto override to become law.
That’s how this country is SUPPOSED to run.
Well that's good but I'm not sure why it has to be an executive order unless Trump is reversing an Obama executive order which I said would probably be a valid use.
Normally (not necessary constitutionally which we have strayed so far from) an Executive Order is a directive regarding domestic policy normally for a federal administrative agency (also generally unconstitutional) while an Executive Agreement is a directive regarding foreign policy.
BINGO!
The Executive Branch is designed to respond to the president in the absence of enforced directives from Congress.
WRONG!
The Left has usurped the Constitution by allowing Congress to not do its job and letting the Executive Branch become a pseudo dictatorship.
I said all along we could not undo what Obama did unless we had our own tyrant because the GOP led Congress would fight to hold on to most of the Obamanation.
Notice if you will they are fighting the repeal of ObamaCare and deportation of illegals. Mark my words if he doesn’t do it rapidly it won't get done.
It is very difficult to get to the 2/3rds majority in both Houses needed for an override. In eight years Congress overrode only 1 veto by Obama but in fairness, Obama only vetoed 12 bills passed by Congress. Congress sent Obama 1,282 bills which he signed into law.
If I watched the news reports I would too. I learned today the Court is a co-equal branch of the government, so we have to obey even if it is from a corrupt moronic Fed Judge.
No, I’m saying that executive orders have become way over-used and should be scrutinized.
You should be cheering not objecting to anyone who questions the constitutionality of a massive amount of federal action in a short period of time. WE are the watchdogs. Certainly the feds won’t watch themselves as evidenced by decades of unconstitutional federal acts and tyranny.
The executive orders that countermands Obama’s outrageous EO’s - that’s probably a good and valid thing. The rest I’m not so sure.
While everyone’s cheering for Trump’s quick moves, remember, our Constitutional Republic is constitutionally designed to move slowly. A totalitarian regime moves quickly.
So Trump’s quickly undoing the unconstitutional dictatorial stuff Obama did is a good thing and I think valid. But Trump should go through the proper constitutional channels to implement his agenda. I’m not saying he necessarily is not doing that even though it seems like a lot of EO’s but then Obama issued a lot of EO’s and DIDN’T implement laws Congress passed. But normally as I said, the President doesn’t issue EO’s to implement Congressional laws.
Our Republic is already gone and it will take EOs to fix it, or you can wave the Constitution around and hope Congress will actually read it. You pick.
A reasonable response to an otherwise pretty incendiary thread.
It’s OK. This stuff needs to be brought up and IMO, those that object to questioning the constitutionality of federal action are more part of the problem than the solution.
You don't mean "FundamentalyChange America" like we just went through do you?
Ad hominems - used by losers when all else fails.
Because they’re not laws, they’re instructions on procedures for departments that are under the Executive. Now of course a strict interpretation of the Constitution says most of those departments shouldn’t exist but they do which gives the president fairly free range to tell them how to do their job.
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