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re: BREAKING: Federal judge declares bidens plan to forgive student loans unconstitutional

Posted on 11/10/22 at 8:26 pm to
Posted by conservativewifeymom
Mid Atlantic
Member since Oct 2012
12011 posts
Posted on 11/10/22 at 8:26 pm to
GREAT!!!

Another of 45's excellent nominations of judges who don't legislate from the bench. Regardless of one's opinion of Trump, his judicial appointments will be one of his strongest legacies.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64427 posts
Posted on 11/10/22 at 8:26 pm to
Anyone with even a passing knowledge of the constitution knows the president cannot just decree “loan forgiveness”. Luckily for Democrats, thanks for decades of leftist propaganda being soon-fed to American’s youth instead of them getting an actual education, the Average American under the age of 50 is totally oblivious to how our constitutional republic works.

Democrats made the same bet with their promise to “codify Roe” if elected in the midterms. Democrats knew full well the Dobbs decision, per the 10th Amendment, completely stripped Federal power to regulate abortion, either for or against. But they also knew the average woman, particularly young women cannot understand this. The result was the majority of single young women voted Democrat because they thought they were voting for “choice”. It was a pure naked power play. Democrats knew the only way to affect abortion policy is to focus on state legislature votes. But they bet on the fact the average woman didn’t know this.

And they were right. And the sad part is those woman still today have no clue they were lied to and used. You could even explain it to them in detail and they’d still not get it.
Posted by roadGator
Member since Feb 2009
139920 posts
Posted on 11/10/22 at 8:26 pm to
They just need to re-classify Student Loans as PPP Loans, simple solution

Commies: please clap
Posted by Ryan3232
Valet driver for TD staff
Member since Dec 2008
25790 posts
Posted on 11/10/22 at 8:28 pm to
Right after midterms
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27030 posts
Posted on 11/10/22 at 8:28 pm to
quote:

Darth_Vader


You haven’t actually read Dobbs, have you?
Posted by LeClerc
USVI
Member since Oct 2012
2734 posts
Posted on 11/10/22 at 8:33 pm to
Yeah, the Fifth Circuit, go figure.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64427 posts
Posted on 11/10/22 at 8:34 pm to
quote:

I’ve yet to read a coherent argument over who would even have standing to challenge student debt forgiveness. This just seems to be delaying the inevitable.


Show me where the constitution gives the president the power to, by simple decree, declare a loan null and void.

Since the president, in your opinion, can on a whim, wipe out loans, what’s to stop him from declaring mortgage loan forgiveness? Or medial debt forgiveness?

What’s the limit on the president’s power to hand down decrees on Finacial matters? Is there a limit? If so, how is it defined?

I’ll wait.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64427 posts
Posted on 11/10/22 at 8:35 pm to
quote:

You haven’t actually read Dobbs, have you?


As a matter of a fact, I have. It’s obvious haven’t. Or if you have, you’re too stupid to understand it.
This post was edited on 11/10/22 at 8:36 pm
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22151 posts
Posted on 11/10/22 at 8:38 pm to
quote:

the Dobbs decision, per the 10th Amendment, completely stripped Federal power to regulate abortion, either for or against.


That’s not what the Dobbs decision said.
Posted by Duke
Twin Lakes, CO
Member since Jan 2008
35609 posts
Posted on 11/10/22 at 8:38 pm to
You dont get standing because you dont like whats being done with tax dollars.

I could see the loan servicers having it but thats about it.
Posted by VOLhalla
Knoxville
Member since Feb 2011
4396 posts
Posted on 11/10/22 at 8:39 pm to
quote:

Show me where the constitution gives the president the power to, by simple decree, declare a loan null and void


Show me where I argued that the President had said authority?

I never argued for or against. Merely that I don’t believe anyone has actual legal standing to challenge the act

I’ll take a wild guess and say that you haven’t taken many constitutional law courses, have you?
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51262 posts
Posted on 11/10/22 at 8:43 pm to
quote:

Show me where the constitution gives the president the power to, by simple decree, declare a loan null and void.


Biden is using the HEROES Act of 2003
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27030 posts
Posted on 11/10/22 at 8:44 pm to
quote:

As a matter of a fact, I have. It’s obvious haven’t. Or if you have, you’re too stupid to understand it.


The fact that you moved to ad hominem attacks so quickly indicates to me that you haven’t.

Dobbs unequivocally holds that the Constitution does not bar the states from regulating abortion. It’s utterly silent on federal regulation. Instead, it leans into the generic language of “We now overrule those decisions and return that authority to the people and their elected representatives.” The opinion uses that particular turn of phrase repeatedly. That’s not to say that Dobbs has anointed federal regulation, either. It’s silent, leaving that fight for another day.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
30053 posts
Posted on 11/10/22 at 8:45 pm to
quote:

conservativewifeymom



wyd
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27030 posts
Posted on 11/10/22 at 8:47 pm to
quote:

What’s the limit on the president’s power to hand down decrees on Finacial matters? Is there a limit? If so, how is it defined?


I don’t have a strong opinion on the legality of Biden’s EO, but if you’re asking for a distinction, here it is: he forgave debt owned by the federal government. You’ll note that those with private student loans would receive no forgiveness whatsoever. That’s the fundamental distinction, and it would also apply to medical and mortgage debt.
Posted by kengel2
Team Gun
Member since Mar 2004
30734 posts
Posted on 11/10/22 at 8:48 pm to
quote:

Really?!?! Why, 'cause dumbocrats are the only ones who give people free money they didn't earn?!?!



No, bc they did that shite after election day.
This post was edited on 11/11/22 at 7:09 am
Posted by tigger4ever
Member since Apr 2021
632 posts
Posted on 11/10/22 at 9:01 pm to
Just like when Phizer announced they had a vaccine with 95% efficacy 11 days after the 2020 election.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62868 posts
Posted on 11/10/22 at 9:04 pm to
quote:

Biden is using the HEROES Act of 2003


Which is ridiculous given the loan payment freeze satisfied the pertinent sections. There is no legitimate claim that COVID has anything to do with loan repayment ability at this point.

He could potentially solve a lot of legal issues if he declared his inflation a national emergency, but that would make him look bad and possibly hurt him politically, so I doubt he sees that as a viable option.

Eta
The other issue (theoretically) is the appropriations to pay for it. At best, this may end up as an unfunded promise.
This post was edited on 11/10/22 at 9:06 pm
Posted by theronswanson
House built with my hands
Member since Feb 2012
2976 posts
Posted on 11/10/22 at 9:05 pm to
And Republicans wonder why GenZ doesn’t vote for them…
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64427 posts
Posted on 11/10/22 at 9:07 pm to
quote:

Dobbs unequivocally holds that the Constitution does not bar the states from regulating abortion. It’s utterly silent on federal regulation. Instead, it leans into the generic language of “We now overrule those decisions and return that authority to the people and their elected representatives.” The opinion uses that particular turn of phrase repeatedly. That’s not to say that Dobbs has anointed federal regulation, either. It’s silent, leaving that fight for another day.



The constitution grants the federal government set powers of regulation. Dobbs found there is no federal power to regulate abortion to the states. If the federal government still has that power, Roe would not have been overturned. The entire basis of Roe was it was unconstitutional for a state to limit abortion because it was, somehow, a constitutional right. Dobbs rightly ruled there is no constitutional right to abortion. Thus per the 10th Amendment which states…

quote:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


… the absence of abortion in the constitution means it falls under the 10th Amendment. Congress is powerless to dictate to the states what to do on abortion because it’s not on the constitution. That’s the basis of Dobbs. If a state wants to allow abortion up to birth with zero restrictions, they can. If a state wants to completely ban abortion with no exceptions, they can. And even if congress tries to pass a federal law covering abortion, be it pro or anti abortion, it will be ruled unconstitutional per Dobbs.
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