Phantasman
Well-Known Member
See above.
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Trump's lawyer to take the fifth.
- Thread starter Subduction Zone
- Start date
metis
aged ecumenical anthropologist
The above refutes not one single thing that I previously posted that you previously disagreed with. The courts can and have found some e.o.'s unconstitutional, including a couple of them from the Donald.
Thermos aquaticus
Well-Known Member
When a citizen claims that an executive order harms their constitutional rights then the judicial branch can review it and determine if the executive order is unconstitutional. It is the citizens and/or states that send the EO to the judicial branch, and it is the judicial which can overrule the executive.
Added in edit:
An example of a Trump executive order that was struck down in Federal court.
Opinion | Federal court rules that Trump's executive order targeting sanctuary cities is unconstitutional
You can doubt it but one of the main functions of the judicial branch is to determine if laws are constitutional and since Trump they have been very busy.
Phantasman
Well-Known Member
I don't base facts on opinions. Especially WAPO who plays to a one sided agenda.
Phantasman
Well-Known Member
No busier than under Obama.
Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power."
ThisNation.com--What is an Executive Order?
EO's are subject to judicial review though.
- Courts can declare an executive order illegal or unconstitutional. Barring several notable exceptions however, the courts do not regularly overturn presidential actions. In Howell’s book Power without Persuasion: The Politics of Direct Presidential Action, he attempted to identify every court case that has challenged an executive order between 1945 and 1998. In 83% of them, the courts ruled in favor of the president.
Subduction Zone
Veteran Member
Then why didn't you search this story yourself?
You could have read about it at several sites:
Judge Blocks Trump Effort to Withhold Money From Sanctuary Cities
U.S. Court Permanently Blocks Trump's 'Unconstitutional' Sanctuary Cities Order
Or even FOX News, though they had to slam the judge a bit
Judge Who Blocked Trump Sanctuary City Order Bundled $200K for Obama
Yet they rule against orders and Trump doesn't have the greatest track record so far.
Kangaroo Feathers
Yea, it is written in the Book of Cyril...
LosING? As in, present tense? How very generous of you.
metis
aged ecumenical anthropologist
It might be far more beneficial for you to actually do some homework than to try to deflect the conversation to "WaPo", which has literally nothing to do with what we've been talking about.
Thermos aquaticus
Well-Known Member
It is a fact that a judge deemed an executive order to be unconstitutional and removed it from the law books.
Phantasman
Well-Known Member
I DO search. It's YOU who believes the Internet stories. The SCOTUS is to hear the case about sanctuary cities.
From your own post dated November 2017:
The Department of Justice, however, rebuked the decision, saying the court had overstepped its authority.
“The District Court exceeded its authority today when it barred the President from instructing his cabinet members to enforce existing law,” DoJ spokesman Devin O’Malley said in a statement late on Monday. “The Justice Department will vindicate the President’s lawful authority to direct the executive branch.”
Judge Orrick disagreed, arguing he had a “pre-enforcement standing to protect hundreds of millions of dollars of federal grants from the unconstitutionally broad sweep of the Executive Order.”
Here's something newer:
The DOJ announced on Tuesday that it will seek immediate review of that decision before the U.S. Supreme Court, bypassing the intermediate Ninth Circuit Court of Appeals. The Supreme Court has already reversed a nationwide injunction from a federal district court judge in Hawaii that barred enforcement of Trump’s travel ban, so the DOJ appears hopeful that the justices will do so again.
http://thefederalist.com/2018/01/18...urts-stop-issuing-national-rules-local-cases/
You need to catch up. I keep saying it's a wait and see, yet you already have your mind made up.
Thermos aquaticus
Well-Known Member
"I don't base facts on opinions."--Phantasman
It appears that you are going back on your word. That is the opinion of the DoJ. The FACT is that a federal judge ruled that the executive order is unconstitutional and had it removed from the books.
Phantasman
Well-Known Member
That IS the view of the MSM. NK and the economy is just two of many things he's done that you are missing. Little from ISIS as well. The silence is deafening, as they say.
Phantasman
Well-Known Member
If YOU say so, it must be true, eh?
Thermos aquaticus
Well-Known Member
It is a matter of public record. A federal judge struck down Trump's executive order.
Added in edit:
You can read the court decision yourself:
http://www.cand.uscourts.gov/filelibrary/3225/Order-Granting-Motion-for-Summary-Judgment.pdf
Phantasman
Well-Known Member
What WE have been talking about is Internet suppositions, IMO.
Facts are yet to come, but many believe that they already know them.
Do all the homework you want. It's not about who wins the "battles" but who wins the "war".
2018 elections are probably going to be bad for someone. If it's the Democratic ideology, maybe they'll cry Russian collusion again. If it's the Republicans, they deserve it then.
I'll just sit back and watch.
Congress approval rating= 16%
President approval rating= 43%
I just watch as they increase or decline.
Congress obstruction is the key to getting something or nothing done. Reps during Obama and Dems during Trump.
Thermos aquaticus
Well-Known Member
The facts are already in. The judicial branch can and has overruled executive orders. Here is a court decision where that very thing happened.
http://www.cand.uscourts.gov/filelibrary/3225/Order-Granting-Motion-for-Summary-Judgment.pdf
Shad
Veteran Member
It was hilarious especially the facial expressions of the Fox cast. Part shock, part trying to figure out how to recover from the damage.
I think one needs to have it before losing it.
metis
aged ecumenical anthropologist
Ya, as to me their expression was "I can't believe this guy is in this rant mode, and how can we shut him up?". Apparently Murdock called and told them to shut him down, thus the rather weird ending.
I think you gotta point there, unfortunately. I'm 73 years young
, and I've been following politics since I was in junior high when our classes met in caves, and I can categorically say that I've never seen such an off-the-wall president like this one-- or even anyone close to him.