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re: A Judge Has Ruled That Deporting Illegals is Unconstitutional. Lawyers, Explain the Logic
Posted on 5/2/25 at 2:00 pm to wdhalgren
Posted on 5/2/25 at 2:00 pm to wdhalgren
quote:
and courts have upheld those powers, including the USSC.
Not in this manner. Courts have only weighed in when a war was declared.
No courts have ever interpreted the other clause/scenarios, which are the ones Trump is relying on for his policy.
Posted on 5/2/25 at 2:01 pm to TigerB8
quote:
So you think the House and Congress need a written invitation or a gun to their head to do their damn job?
No, they need leadership from the executive office.
quote:
He does not prefer to govern that way
Too bad, that's the way our system is set up to operate.
quote:
It's the only thing he has control over and even those EOs are getting erased by judges
Because that's not the way our system is set up to operate.
Posted on 5/2/25 at 2:02 pm to KCT
quote:
But, why should they even need to invoke an Act in order to deport people who are here illegally?
quote:
Bunk Moreland
Are you against deporting illegals?
Whatever benefit any of Trumps actions may have on the US doesn't matter to those with TDS, they can't get past , "Trump bad".
Its utterly disgusting.
Posted on 5/2/25 at 2:04 pm to lake chuck fan
quote:
Whatever benefit any of Trumps actions may have on the US doesn't matter to those with TDS, they can't get past , "Trump bad".
Its utterly disgusting.
Bunk and I are both in favor of deporting illegals.
We just believe it should be done in the proper, legal manner, and understand the potential consequences of ignoring limits on federal power.
Posted on 5/2/25 at 2:05 pm to IvoryBillMatt
quote:
quote:
So a judge decides whether we are at war or not now?
Congress does. As far as I know they haven't declared war on anyone since 1941.
Come on Bill.... this topic has been discussed as nauseum here. You know there are other criteria listed in the act besides "being at war", that allow POTUS to enact the law.
Your usually somewhat honest about issues.
Posted on 5/2/25 at 2:05 pm to Bunk Moreland
quote:
Bunk Moreland
What justified not following our laws while letting these people in?
Posted on 5/2/25 at 2:06 pm to dgnx6
quote:
What justified not following our laws while letting these people in?
That's executive discretion that cost the DEMs dearly in the 2024 elections.
Posted on 5/2/25 at 2:07 pm to SlowFlowPro
quote:
We just believe it should be done in the proper, legal manner, and understand the potential consequences of ignoring limits on federal power.
What is the proper legal manner?
Posted on 5/2/25 at 2:07 pm to SlowFlowPro
quote:
quote:
Whatever benefit any of Trumps actions may have on the US doesn't matter to those with TDS, they can't get past , "Trump bad".
Its utterly disgusting.
Bunk and I are both in favor of deporting illegals.
We just believe it should be done in the proper, legal manner, and understand the potential consequences of ignoring limits on federal power.
Your fears should be soothed. Trump is within the law(Alien Enemies Act) deporting illegals.
We've discussed this at length here many times.
Posted on 5/2/25 at 2:07 pm to SlowFlowPro
quote:
Not in this manner. Courts have only weighed in when a war was declared.
That doesn't change the language of the AEA, which unequivocally gives the president has the authority to declare an "invasion or predatory incursion". If a judge wants to overturn the AEA itself and say that it's unconstitutional, that should be the ruling. This judge didn't say that the act is unconstituional, he said that Trump couldn't call this a predatory incursion.
Posted on 5/2/25 at 2:07 pm to dgnx6
quote:
What is the proper legal manner?
Following the law and not taking actions in violation of the law, court orders, or outside the legislative or Constitutional authority of the Executive.
Posted on 5/2/25 at 2:08 pm to SlowFlowPro
quote:
That's executive discretion that cost the DEMs dearly in the 2024 elections.
It has cost American citizens their lives jack arse.
Posted on 5/2/25 at 2:08 pm to lake chuck fan
quote:
Trump is within the law(Alien Enemies Act) deporting illegals.
We've discussed this at length here many times.
Pretty sure he's not, and I imagine most courts will follow the recent ruling by the Trump-appointed judge and prove me correct.
Posted on 5/2/25 at 2:09 pm to dgnx6
OK, that's a political argument, not a legal one.
Posted on 5/2/25 at 2:09 pm to SlowFlowPro
quote:
What justified not following our laws while letting these people in?
That's executive discretion that cost the DEMs dearly in the 2024 elections.
The question he asked was, what JUSTIFIED letting them in.
Answer a question honestly for once, you 2-bit phony.
Posted on 5/2/25 at 2:09 pm to IvoryBillMatt
quote:
Congress does. As far as I know they haven't declared war on anyone since 1941.
I am sure that makes all the families of the 100,000+ military people who die3d in all those police actions feel better.
How did we do all that, but we cannot deport someone who has no right whatsoever to be here?
Oh, if you can avoid getting caught for a few years, then it is said then you are caught doing it.
Posted on 5/2/25 at 2:09 pm to wdhalgren
quote:
That doesn't change the language of the AEA,
No, but it leaves us without court cases defining what the other language means (until these new ones).
quote:
which unequivocally gives the president has the authority to declare an "invasion or predatory incursion".
Only when that occurs.
quote:
If a judge wants to overturn the AEA itself and say that it's unconstitutional, that should be the ruling.
They don't need to.
quote:
This judge didn't say that the act is unconstituional, he said that Trump couldn't call this a predatory incursion.
By interpreting the language of a statute that has never been interpreted before.
Posted on 5/2/25 at 2:09 pm to SlowFlowPro
quote:
Following the law and not taking actions in violation of the law, court orders, or outside the legislative or Constitutional authority of the Executive.
What laws? Please cite the laws.
You clearly don't know the answer to my question.
Here is what is in our constitution. Joe Biden failed us.
quote:
Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.
This post was edited on 5/2/25 at 2:17 pm
Posted on 5/2/25 at 2:10 pm to SlowFlowPro
quote:
No courts have ever interpreted the other clause/scenarios, which are the ones Trump is relying on for his policy.
As discussed before, in matters of national security, the court has no legitimate right to interfere. The Judiciary doesn't decide what is or isn't a national security threat. That's a function of the Executive.
Posted on 5/2/25 at 2:10 pm to KCT
quote:
The question he asked was, what JUSTIFIED letting them in.
It was Bien's discretion, and that was clearly a bad move politically.
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