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re: Another Obama appointee blocks Trump Travel ban.. same language as 1st judge
Posted on 3/16/17 at 11:30 am to HeyHeyHogsAllTheWay
Posted on 3/16/17 at 11:30 am to HeyHeyHogsAllTheWay
quote:Of course. But I'm saying (and maybe we are making the same point), but one could have the legal authority to do something, but that legal authority is still constrained by the Constitution.
This doesn't seem to make sense. THe president , by definition, can't have the authority to legally do something if it is unconstitutional
quote:Doesn't this refute that?
For example, by law the President can unilateraly order a wiretap on a US citizen who he , and he alone, feels is a dirct threat to the United States.
quote:So how can he legally wiretap a citizen, when it explicitly states that they must have substantial likelihood that a citizen's communications aren't going to included? Obviously, he could lie about the likelihood, but that would be a violation of that.
there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party
quote:I'm not arguing that he doesn't have the legal authority, and I'm not arguing that's it's unconstitutional.
And further, if you actually read the law that gives POTUS the authority ban immigration you will find a few things
I'm just saying that every legal authority is constrained by the Constitution, even when it's sole authority. Again, maybe we're on the same page, but when the initial ban was instituted, some people seem to think that a sole authority was somehow immune from the Constitution.
Posted on 3/16/17 at 12:06 pm to buckeye_vol
quote:
m just saying that every legal authority is constrained by the Constitution, even when it's sole authority. Again, maybe we're on the same page, but when the initial ban was instituted, some people seem to think that a sole authority was somehow immune from the Constitution.
Nah, we're on the same page here. Obviously Congress can't and shouldnt' be able to authorize the President to do something unconstitutional.
But when something is CLEARLY within the President's authority to do, can't we all just be grown up and say "okay I don't like that, I don't see a need for it, but clearly he has the authority to do it?"
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