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The sanctions bill requiring Congress approval for lifting sanctions is unconstitutional
Posted on 7/25/17 at 10:43 pm
Posted on 7/25/17 at 10:43 pm
According to this article.... LINK
That has to be an unconstitutional breach of the separation of powers right?
According to this case law, LINK
The only thing that the constitution requires the President to work with congress on are treaties, declarations of war, and nominees for secretary of state and ambassador.
Can the President sue Congress for breach of separation of powers?
quote:
But what concerns the White House is a measure that limits the president's traditional right to waive the sanctions: he would be forced to consult congress first.
That has to be an unconstitutional breach of the separation of powers right?
According to this case law, LINK
quote:
The Supreme Court concluded not only that foreign affairs power was vested in the national government as a whole but also that the President of the United States had "plenary" powers in the foreign affairs field that were not dependent upon congressional delegation.
The only thing that the constitution requires the President to work with congress on are treaties, declarations of war, and nominees for secretary of state and ambassador.
Can the President sue Congress for breach of separation of powers?
This post was edited on 7/25/17 at 11:03 pm
8
Posted on 7/25/17 at 10:45 pm to Sentrius
quote:
Can the President sue Congress for breach of separation of powers?
Or he could just ignore them and make them try to force the issue.
Posted on 7/25/17 at 10:46 pm to Sentrius
quote:
That has to be an unconstitutional breach of the separation of powers right?
Yeah it probably is actually. Trump could sue and win, but then he would have to sue congress to basically give him the power to lift russian sanctions
not a great look right now.Posted on 7/25/17 at 10:47 pm to Y.A. Tittle
Line item veto
Posted on 7/25/17 at 10:49 pm to Sentrius
Given the cloud he's under, does Trump want to be seen fighting against Russian sanctions? Sanctions that are being supported almost unanimously in Congress? It would look terrible, but that's never stopped him before.
Posted on 7/25/17 at 10:49 pm to DeafVallyBatnR
quote:
Line item veto
Back in the 90s, Congress gave that power to Bill Clinton and the Supreme Court struck that power down on the basis that power is not outlined in the constitution for the president and he can only veto or sign bills into law as a whole, not line item veto them.
This post was edited on 7/25/17 at 10:52 pm
Posted on 7/25/17 at 10:50 pm to Old Hellen Yeller
quote:
Given the cloud he's under, does Trump want to be seen fighting against Russian sanctions? Sanctions that are being supported almost unanimously in Congress? It would look terrible, but that's never stopped him before.
frick Congress and the president staying in their own constitutional lanes am I right?
Posted on 7/25/17 at 10:56 pm to Sentrius
This thought popped in my head when I read about the sanctions bill. I haven't read the bill and probably won't, but it does raise some interesting constitutional questions. You'd think Congress has the aides competent enough to draft it to pass constitutional muster, but maybe that's not their true intention. Maybe it is set up just to be an optics play.
This post was edited on 7/25/17 at 10:56 pm
Posted on 7/25/17 at 11:02 pm to boosiebadazz
More likely an optics play which is complete chickenshit on their part but absolutely right up their alley considering that they have no way of enforcing it outside of impeaching the president but that's basically executing someone for stealing a 75 cent paper.
This post was edited on 7/25/17 at 11:02 pm
Posted on 7/25/17 at 11:41 pm to boosiebadazz
quote:
Maybe it is set up just to be an optics play.
And POTUS is all set to give the Congress enough rope to hang themselves.
The EU has already threatened immediate retaliatory sanctions against the US since this would screw with their RU energy deals. Winter starts early in Northern EU and without RU energy it could be a long cold winter.
Telegraph on the threats dating backto mid June. There's more out there too.
Sooo...
Congress acts against RU and limits POTUS relieving it, EU strikes back and POTUS says "all yours Congress, way to go, will remind voters in mid terms."
Posted on 7/25/17 at 11:44 pm to Old Hellen Yeller
quote:
unanimously in Congress? It would look terrible, but that's
Congress's approval has to be lower than his by far
Posted on 7/29/17 at 4:14 pm to IceTiger
Bump.
I understand the urge to check and balance the President but not when they breach the separation of powers to do it and usurps powers that do not belong to them according to the constitution.
Trump has to veto this bill and if they overturn it, sue congress for breach of separation of powers.
I understand the urge to check and balance the President but not when they breach the separation of powers to do it and usurps powers that do not belong to them according to the constitution.
Trump has to veto this bill and if they overturn it, sue congress for breach of separation of powers.
Posted on 7/29/17 at 4:21 pm to Sentrius
Is this the battle he wants to fight right now? You can wax and wane poetic about the Constitution, but Trump is way more of a political animal than a principled one.
What does he have to gain by fighting this particular fight right now?
What does he have to gain by fighting this particular fight right now?
Posted on 7/29/17 at 4:27 pm to boosiebadazz
quote:
Is this the battle he wants to fight right now?
According to the three GOP senators who voted no the other night, Sometimes doing the right thing is unpopular with your supporters.
This is a very bad precedent to set and will go a long way to undermining future presidents in discharging foreign policy powers when the constitution forbids congress having this kind of authority.
They need to stay in their lane.
quote:
What does he have to gain by fighting this particular fight right now?
Calling out congress for breach of separation of powers and calling them out tor being such a dysfunctional piece of shite they can only pass this grandstanding crap.
Posted on 7/29/17 at 4:29 pm to Sentrius
He should challenge this
Posted on 7/29/17 at 4:33 pm to Old Hellen Yeller
quote:These things become matters of limiting the Presidency, not just Trump. In that regard it's his duty to force it to SCOTUS.
It would look terrible, but that's never stopped him before.
Posted on 7/29/17 at 4:34 pm to Sentrius
It would make an interesting case before SCOTUS. Congress has clear jurisdiction over banks located here... who happen to engage in transnational transactions with all sorts of people and entities. Clearly this bill targets the particular Russians for purposes that clearly fall within the foreign policy purview, but they're technically restrictions on US banks
I think SCOTUS would have to thread a very thin needle on this one.
I think SCOTUS would have to thread a very thin needle on this one.
Posted on 7/29/17 at 4:39 pm to Sentrius
do people on this board actually want to live in an autocracy?
it sure seems so, at times.
it sure seems so, at times.
Posted on 7/29/17 at 4:40 pm to boosiebadazz
If Trump does find his backbone on this and sue congress for this, he should win and once again, the President will make Congress his bitch on a leash but for perfectly good reason that has a basis outlined in the constitution.
Posted on 7/29/17 at 4:42 pm to VOR
quote:
do people on this board actually want to live in an autocracy?
Do people on this board actually want to live in a society where lawmakers ignore the supreme law of the land they can't even change on a whim and assume powers that were never theirs?
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