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re: Open Invitation: Explain How the Immigration EO is Unconstitutional
Posted on 2/1/17 at 7:10 am to Tigerlaff
Posted on 2/1/17 at 7:10 am to Tigerlaff
quote:
How? What string of 1st Amendment case law applies to things other than acts passed by Congress?
None. That's why I said:
quote:
There's no precedent for it though, and you're presuming a LOT in the interpretation
Posted on 2/1/17 at 7:12 am to Tigerlaff
I still think it's hilarious that Libs are now so concerned with the sanctity of the constitution
This post was edited on 2/1/17 at 7:13 am
Posted on 2/1/17 at 4:42 pm to buckeye_vol
Good find. Not a religion case, but certainly an example of an attack on an EO via the first amendment.
So the question becomes whether or not the EO violates the free exercise clause or the establishment clause.
So the question becomes whether or not the EO violates the free exercise clause or the establishment clause.
Posted on 2/1/17 at 4:53 pm to Tigerlaff
I mean, technically any EO that violates a statute is "unconstitutional." Since it's usurping powers delegated to Congress.
Posted on 2/1/17 at 6:22 pm to Iosh
quote:
I mean, technically any EO that violates a statute is "unconstitutional." Since it's usurping powers delegated to Congress.
Only if the EO can't be saved under purely executive authority. It's the lowest category under Youngstown, but the EO can be appropriate under Article II, be in violation of a statute, and still be constitutional because the President is acting in accordance with his powers which cannot be abridged by an act of Congress.
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