DACA must be reinstated

#76
#76
n_huffhines said:
Because this is our system. I'm not arguing that this is a good outcome. For the last time, I'm arguing that this is our system of government.

Are you saying this is not how our system works?
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No it’s not our system ! Barry circumvented our system with an EO that he claimed publicly he had no power to write but did anyway .
 
#79
#79
Grand Vol said:
Yes, the Courts can rule on the Constitutionality of Executive Orders. That's Einstein.

Now, show me where, anywhere in the US Code or US Constitution, it says a policy put into effect by one Administration cannot be undone by another.

What the judges are doing is a blatant violation of their own limits per the Constitution.
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You're having an argument with yourself or somebody else, IDK what to tell you. This is not relevant to anything I've been talking about. As I've stated multiple times, I think this will be overturned.
 
#81
#81
n_huffhines said:
You're having an argument with yourself or somebody else, IDK what to tell you. This is not relevant to anything I've been talking about. As I've stated multiple times, I think this will be overturned.
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You truly don't get it.
 
#84
#84
C-south said:
Who was President? It should take no more than one executive order to undo another. This judge is outside his authority.
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Executive orders are totally abused. If we're talking about what "should" have happened is Trump should have used his Republican house and senate to pass a bill about dreamers. Just like Obama, he squandered that opportunity and now we have to fight it out in courts.
 
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#86
#86
n_huffhines said:
Executive orders are totally abused. If we're talking about what "should" have happened is Trump should have used his Republican house and senate to pass a bill about dreamers. Just like Obama, he squandered that opportunity and now we have to fight it out in courts.
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You truly are ignorant...
 
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#90
#90
Grand Vol said:
Well, I see we must break ourselves down to Sesame Street...

Mister n_Huffhines, can you please define an Executive Order for the class?
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Deflections, straw men, ad hominem attacks...we can be done
 
#96
#96
n_huffhines said:
Executive orders are totally abused. If we're talking about what "should" have happened is Trump should have used his Republican house and senate to pass a bill about dreamers. Just like Obama, he squandered that opportunity and now we have to fight it out in courts.
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Yet this judge decided to essentially turn Obama’s presidential authority into law and decide his own authority was greater than Trump’s.
 
#97
#97
C-south said:
Yet this judge decided to essentially turn Obama’s presidential authority into law and decide his own authority was greater than Trump’s.
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He wouldn't be the first person in federal government to usurp power. The legislative branch tries to shirk certain powers, but for the most part, activist crusaders in each branch of government are constantly trying to take power from others. There is a check built into our system for this particular incident, and that's the higher courts.
 
#98
#98
Yeah, didn't think so.

So, we are stuck with me having to explain it. An Executive Order, simply put, is directive by the President that has the force of the rule of law on the Executive Branch operations, but is not a law since the Constitution is hazy on such things. There are Executive powers granted in the Constitution, but are subject to judicial review as to their legality. And ONLY their legality in accordance with the Constitution and the US Code.

Now, here's the tricky part that Huff fails to see...

President Obama signed the DACA Program and implemented it in the Executive Branch. It never went to Congress to be passed and enacted as a US Code, but was implemented ONLY at the Executive Branch level. It is an Executive Branch policy only. Along comes President Trump who decides to do away with the program as is his right to undo Executive Orders he feels are not in line with the operations of his Executive Branch. Now the Judicial Branch, which only has purview of the legality of the original Executive Order, states the sitting President cannot undo what has already been done. Such actions are NOT in line with the Constitutional provisions of Executive Power in Article 2. They are drawing their power to rule Executive Orders Unconstitutional from the implied powers in Article III and VI of the Constitution.

And ONLY to rule such Executive Orders unlawful. The justice has not ruled Trump phasing out DACA is unlawful, just that the program must continue. The judge has now interjected himself into a process in which they are not lawfully allowed to in accordance with the US Constitution. They are only there to determine if programs are lawful or unlawful, nothing more, nothing less. They haven't declared the original Executive Order, which again, only affects the operations of the Executive branch, either lawful or unlawful. However, they have determined the sitting President cannot exercise his powers granted under Article II.

Which, again, is unlawful on the part of the judge.

My thought is the judge that came to that decision should be removed and disbarred. They obviously do not know the law well enough to exercise judicial oversight of the Executive or Legislative Branches of government due to them interjecting the court into an area they are not permitted to be in in accordance with the Constitution.
 
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#99
#99
Let me throw a hypothetical at you, Huff...

President Truman implemented Executive Order 9981 which integrated the Armed Forces in 1948. Now, let's jolly gee whiz this here and say Eisenhower came along in 1953 and reversed that Executive Order and went back to a segregated force. Would such an action be illegal?
 
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