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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
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:00 pm to
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 by Harry Boutte
Louisiana
Member since Oct 2024
1937 posts
Posted on 5/2/25 at 2:01 pm to
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 by lake chuck fan
westlake
Member since Aug 2011
17927 posts
Posted on 5/2/25 at 2:02 pm to
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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:04 pm to
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 by lake chuck fan
westlake
Member since Aug 2011
17927 posts
Posted on 5/2/25 at 2:05 pm to
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 by dgnx6
Member since Feb 2006
78835 posts
Posted on 5/2/25 at 2:05 pm to
quote:

Bunk Moreland



What justified not following our laws while letting these people in?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:06 pm to
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 by dgnx6
Member since Feb 2006
78835 posts
Posted on 5/2/25 at 2:07 pm to
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 by lake chuck fan
westlake
Member since Aug 2011
17927 posts
Posted on 5/2/25 at 2:07 pm to
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 by wdhalgren
Member since May 2013
3847 posts
Posted on 5/2/25 at 2:07 pm to
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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:07 pm to
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 by dgnx6
Member since Feb 2006
78835 posts
Posted on 5/2/25 at 2:08 pm to
quote:

That's executive discretion that cost the DEMs dearly in the 2024 elections.


It has cost American citizens their lives jack arse.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:08 pm to
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 by Bunk Moreland
Member since Dec 2010
62076 posts
Posted on 5/2/25 at 2:09 pm to
OK, that's a political argument, not a legal one.
Posted by KCT
Psalm 23:5
Member since Feb 2010
42055 posts
Posted on 5/2/25 at 2:09 pm to
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 by RohanGonzales
Member since Apr 2024
4665 posts
Posted on 5/2/25 at 2:09 pm to
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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:09 pm to
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 by dgnx6
Member since Feb 2006
78835 posts
Posted on 5/2/25 at 2:09 pm to
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 by lake chuck fan
westlake
Member since Aug 2011
17927 posts
Posted on 5/2/25 at 2:10 pm to
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 by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450663 posts
Posted on 5/2/25 at 2:10 pm to
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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