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re: Open Invitation: Explain How the Immigration EO is Unconstitutional

Posted on 2/1/17 at 7:10 am to
Posted by skrayper
21-0 Asterisk Drive
Member since Nov 2012
34145 posts
Posted on 2/1/17 at 7:10 am to
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 by elprez00
Hammond, LA
Member since Sep 2011
31269 posts
Posted on 2/1/17 at 7:12 am to
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 by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22014 posts
Posted on 2/1/17 at 4:42 pm to
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.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 2/1/17 at 4:53 pm to
I mean, technically any EO that violates a statute is "unconstitutional." Since it's usurping powers delegated to Congress.
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8176 posts
Posted on 2/1/17 at 6:22 pm to
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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