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Started By
Message
checks and balances...
Posted on 1/29/17 at 12:31 pm
Posted on 1/29/17 at 12:31 pm
LINK
i don't want to get into the ban itself. that's a fight. more troubling is the fact that the judicial branch ordered a check to the executive branch, and the executive branch is trampling right over it.
the job of the federal judges is to preside over the laws of the land. if something is deemed unconstitutional, the executive branch is supposed to go back, and re-jigger the order to fit within the constitution. or they can appeal the constitutionality to a higher court. president trump could very easily say "let's rework this, let figure out the proper framework for this." instead, he's enforcing the order AGAINST the will of the courts.
can we even agree on this?
i don't want to get into the ban itself. that's a fight. more troubling is the fact that the judicial branch ordered a check to the executive branch, and the executive branch is trampling right over it.
the job of the federal judges is to preside over the laws of the land. if something is deemed unconstitutional, the executive branch is supposed to go back, and re-jigger the order to fit within the constitution. or they can appeal the constitutionality to a higher court. president trump could very easily say "let's rework this, let figure out the proper framework for this." instead, he's enforcing the order AGAINST the will of the courts.
can we even agree on this?
8
Posted on 1/29/17 at 12:36 pm to LSU Fan 90812
quote:
“John Marshall has made his decision;
now let him enforce it.”
-Andrew Jackson
Posted on 1/29/17 at 12:37 pm to LSU Fan 90812
quote:
more troubling is the fact that the judicial branch ordered a check to the executive branch, and the executive branch is trampling right over it
Posted on 1/29/17 at 12:41 pm to udtiger
quote:
Hours after a federal judge issued a stay on President Donald Trump's executive order temporarily restricting entry to the U.S. from seven Muslim-majority countries, the Department of Homeland Security (DHS) and a senior White House adviser issued robust responses, emphasizing that the order remains in force.
the judge ordered a stay (meaning a pause). the white house is ignoring it and saying it remains in force.
this is the constitutional definition of checks and balances. the judge orders a stay so that a higher court can decide on the issue. it's not yes or no. it's just a pause while a case can be judged on its own merits.
the executive branch says no we're going full force right now anyway.
this is a constitutional crisis. the executive branch of government is overreaching it's constitutional mandate. the judicial branch is doing it's job.
This post was edited on 1/29/17 at 12:43 pm
Posted on 1/29/17 at 12:43 pm to LSU Fan 90812
Yes, welcome to fascism.
Posted on 1/29/17 at 12:44 pm to LSU Fan 90812
Since when do Republicans give a shite about judges.
Posted on 1/29/17 at 12:47 pm to 10888bge
quote:
Since when do Republicans give a shite about judges.
since always? you guys loved Scalia. so many of the people elected President Trump for the sheer purpose of putting the right person on the Supreme Court.
Can you not see that the judges are supposed to be the ones to interpret the laws? Otherwise you have one person making, enforcing, and interpreting the laws?
that's beauty of our constitution. and the beauty of this country.
Posted on 1/29/17 at 12:55 pm to LSU Fan 90812
quote:Numerous posters had no idea that a federal judge could order an emergency stay, and even some said that the Supreme Court is the only check and balance in this case.
more troubling is the fact that the judicial branch ordered a check to the executive branch, and the executive branch is trampling right over it.
It's concerning how little people understand of the basic aspects of the system, especially given how strongly they argue their points that rely on that knowledge.
Posted on 1/29/17 at 12:58 pm to LSU Fan 90812
You need to look up both the court order, and what a stay actually is.
Then we can debate your concern, but until that time, one really can't argue against a statement that has flaws.
Then we can debate your concern, but until that time, one really can't argue against a statement that has flaws.
Posted on 1/29/17 at 12:59 pm to buckeye_vol
quote:
Numerous posters had no idea that a federal judge could order an emergency stay, and even some said that the Supreme Court is the only check and balance in this case.
It's concerning how little people understand of the basic aspects of the system, especially given how strongly they argue their points that rely on that knowledge.
well we need to explain it to them. and why it's important!
remind them that it's the very thing that got W elected.
remind them that it's the courts that get to decide if abortion is constitutional.
hey repubicans on this board, this is super important. it's not about crying. it's not about winning. it's not even about the issue.
this thing that exists is what makes america great. no branch can rise too much in power. the congress can check the president. the courts can check the congress. the president can veto the bill.
if any one branch goes too much in power, it is really really really dangerous. we're not talking about working within the constitution. we're talking about actual deconstruction of the document itself.
Posted on 1/29/17 at 12:59 pm to LSU Fan 90812
The judge's stay is only limited to deportations of refugees currently in the US. Thus, the ban on further refugee importation remains in effect.
Posted on 1/29/17 at 1:00 pm to LSU Fan 90812
quote:
the judge ordered a stay (meaning a pause). the white house is ignoring it and saying it remains in force
Only a very narrow part of the EO is stayed.
Posted on 1/29/17 at 1:03 pm to Iowa Golfer
quote:
You need to look up both the court order, and what a stay actually is.
a stay is a temporary hold on a case or order pending the hearing of the case. what are you arguing?
Posted on 1/29/17 at 1:03 pm to LSU Fan 90812
quote:
this is a constitutional crisis.
It's hard to take you seriously when you post things like this. As others have pointed out, you're arguing from a flawed premise. Until you address that, your discussion will be worthless.
Posted on 1/29/17 at 1:04 pm to udtiger
quote:
Only a very narrow part of the EO is stayed.
which part? the part i read applies to legal visa holders.
Posted on 1/29/17 at 1:04 pm to LSU Fan 90812
It's answered already. What part of the order is the executive branch ignoring?
Posted on 1/29/17 at 1:04 pm to Hightide12
quote:
It's hard to take you seriously when you post things like this. As others have pointed out, you're arguing from a flawed premise. Until you address that, your discussion will be worthless.
take me seriously? who cares?
correct the argument and let's have it. this is a message board.
Posted on 1/29/17 at 1:05 pm to LSU Fan 90812
quote:
this thing that exists is what makes america great. no branch can rise too much in power. the congress can check the president. the courts can check the congress. the president can veto the bill.
I would argue that this new precedent of federal district courts having the authority to declare a nation-wide stay is usurpation of power by the judicial branch.
Posted on 1/29/17 at 1:06 pm to LSU Fan 90812
quote:
which part? the part i read applies to legal visa holders.
Who are already here. The stay does not apply to those who are still overseas.
Posted on 1/29/17 at 1:07 pm to Hugo Stiglitz
quote:
Yes, welcome to fascism.
Invite refugees into your home or stfu
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