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'.
I agree. The DC Swamp is looking for an excuse to get rid of Trump. Barring violence, they have two options: impeachment and the 25th Amendment. Interesting that some moron Democrat wants to have a psychiatrist permanently assigned to the WH. These legal shenanigans are traps to goad Trump.
This is a bad situation, but let Trump play it to get Gorsuch confirmed quickly.
I do agree with McCain’s bill (he is right on this one) to split the 9th Circuit. I would be more bold. I would eliminate the 9th in its entirety, splitting the western states into other Circuits as well as eliminating all district judges that are known activists. See the Judiciary Act of 1802, which allows for the elimination of lesser courts.
I just wonder what the new AG Sessions is now finding out about Pizzagate, Podesta, Clinton Foundation, emails, State Department, Benghazi, etc.?
Obozo and his group ignored rulings all the time
It need not become a constitutional crisis. All that is necessary, according to Article 3 of the US Constitution, is for Congress to restrict the appellate jurisdiction of the Courts. Congress can, and did so up until the last third of the 19th century. Time to dust off that old document, the Constitution that is, and abide by its provisions. Simple enough. Case closed.
he should issue a new order....expanding the ban in terms of Moslem countries of origin AND duration
plus
he should initiate all legal steps to lower the MoslemislamoNazi presence already within USA
such as considering...
1. do not renew any existing visas except in the most serious humanitarian or emergency circumstances....when the visa time is up, they’re expected to leave per its terms
2. see how many “immigrant status” people can have that status terminated and ..return them home (this is a bit more difficult but I think there is room for some progress ... )
3. declare CAIR, Moslem Students Association, Muslem Brotherhood, PLO/PA, and all Wahibie/Saudi-funded “mosques” etc....(and if necessary ACLU) as terrorist organizations and require them to shut down their dangerous or disruptive activities within USA and as many as possible to go home (or prosecute any that remain)..or as much of this as the best lawyers say can be legitimately achieved...LET”S MOVE ON IT NOW, let’s help DJT Drain the Terorrrist Swamp... including firing or letting go all 900 SNake Department people who said they don;t want to clean up their pro-IslamoNazi act and just do their jobs
4. GO TRUMP!
You assume Gorsuch will vote with the conservatives and the Rule of Law. Judging from Gorsuch’s performance at the Blumenthal interview i’m not so sure.
I think the jurisdiction thing is based on geography. If a French national mugs a Chinese guy in Portland, he can still get tried in a US court.
Of course, IANAL, don’t play one on TV, didn’t stay in a Holiday Inn Express last night, and courts are constantly making rulings based on jurisdictions I don’t agree that they have, so YMMV.
The so called judges on the 9th circus should be more worried about a civil war than a constitutional crisis.
Time to put them on notice.
Here’s a suggestion for getting what he wants without even having to answer that question: issue a new executive order slightly different from the old one (maybe omitting green card holders) and enforce it for the day or two it takes a judge to stay it. Then immediately issue another one and another and keep them coming.
Lose the battle, win the war on this. Stupid liberals here in Wa state get some exposure...poor snowflakes will melt. We expected this from them and the Flamethrower we elected will make things right.
As I have said before, SCOTUS has _original_ jurisdiction in the WA state VS Federal government suit. Why would a president and his administration even appear in a lower court, which does not have jurisdiction? USA, we _cannot_ allow the black shirt/robed judges to run things, to violate separation of powers, to take jurisdiction over things they do not have authority of.
Just like I said, the 9th will _rule_ against proper law. Follow the actual law, or perish.
Wake up, USA. You are in far, far more trouble than you realize.
Looks like upholding the Constitution will provoke a Constitutional crisis.
yes i do see that.... there are several very very very very very unreliable RINO US Senators... just enough of them that they can be bought off by SorosNazi or CAIR...etc.
so maybe USA is doomed? I do hope that DJT can figure out ways of at least reducing the MoslemTerrorist threat that Obama or whatever his real name was..... imported into neighborhoods all over our land
it looks really hard given the amount of money that’s trying to destroy our country........................and the political nose count being so close/unrealiable in at least the Senate
The judges triggered the constitutional crisis.
Yes, Trump should ignore the decision. This is why courts don’t like to get involved in political infighting. They lose stature as they allow themselves to take political sides.
Congress should pull those judges in to a committee hearing on interfering with the executive branch of the government.
He should cancel this EO and issue one more targeted. He can also have DHS conduct very close vetting on everyone who arrives, and he doesn’t need an EO for that. If they don’t pass muster,they are put on the next plane back.
I hope this has lit a bonfire in everybody’s butt!!! There is a march secheduled for Feb. 27 across the nation in support for president Trump... Will you be there? are you mad enough? Or are you just going to sit out the march and take it?!
Applying the “legal reasoning” in this decision, what would prevent a future court from negating a declaration of war by Congress, where such an action prevents foreigners with already issued visas from entering the U.S. and, thus, cost the state university system in Washington state some tuition revenue?
Would anyone care to argue that Congress’ Constitutional authority to declare war is any different from the power it delegated to the executive in this instance?
The admin has to challenge - but at a time of its choosing. Send all the visa application inspectors to diversity training for three months.
Basically skip the pause and make the changes on the fly.
Yes. The precedent is Andrew Jackson and the Cherokee Treaty.
Trump is deliberately provoking the judiciary and deliberately inviting parallels between his administration and Jackson’s. He has even hung a portrait of Jackson in the Oval Office. The liberal politicians are all aware of this.
Just a Wag, but the liberals probably think they can prevail at the USSC level without Gorsuch. Trump will attempt to push through the gorsuch nomination prior to the USSC hearing. In a normal world, the Gorsuch nomination should prevail although not without a lot of liberal whining.
With Gorsuch on the USSC, especially, the USSC should favor Trump.
Without a USSC ruling favorable to Trump, the president is lacking an otherwise perfectly good diplomatic alternative to military intervention. From a legal perspective IMHO it is a nonsensical ruling.
Trump made the point in a previous news conference that it is important to let the process play out. I imagine Trump’s legal team have already considered all the angles.
If it goes to impeachment, it really becomes a circus. Since the Democrats are in perennial take-no-prisoners mode, the Republicans in the House and Senate gain nothing by voting for impeachment. So Trump should have a backstop there. If not, Pence will be at bat, and if anything, Pence is worse than Trump from the liberal perspective in some ways.
My opinion plus $4.40 buys a latte grande at Star-yuck’s :)
Under the same line of questions...
If we have under the constitution, the separation of powers, meaning that, only the president can make decisions regarding national security...
then...
didn’t the 9th Circuit court violate the U.S. Constitution, where they overstepped their powers and sought to undermine the EO and power of the president? If so, and they violated the laws of the land, can’t they be brought up on charges?
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