The truth is that DACA was not, is not, and never has been a law. It was an executive order, or and executive guidance (as it was) that makes a determination as to how we enforce our immigration laws. While a President obviously has brought latitude as to how to enforce the law, there has never ever been any constitutional authority for one President to declare that their own policies to be permanent.
In fact, a similar executive order (DAPA) was declared unconstitutional by the courts, and by a fairly broad consensus there is every reason to believe that a similar ruling against DACA would follow. There were court cases pending, but were placed on hold when the decision was made to shut down DACA.
But this isn't even what this is about. The lawsuit was filed (not to stop DACA from being declared unconstitutional), but rather to prevent the President from changing a previous President's policies on how to enforce immigration law. A policy that probably is unconstitutional to begin with.
Under normal circumstances nobody would bring this sort of suit, and no Judge would rule in favor of it. The idea that a President can declare an executive guidance or executive action and by some means force all future executives to follow the same guidance or action is nonsensical. The only argument (again) would be that the President's decision was arbitrary. But ending a program that was already controversial and under legal siege should be reason enough. If not, the argument that these decisions are Congressional decisions (and thus the previous Administration overstepped their boundaries) is another lucid argument that has been made.
To be clear, the President doesn't need to answer policy questions or defend political viewpoints to a judge. A judge who disagrees with the President as a matter of policy or politics is not the same thing a President making an arbitrary decision. But that appears to be the strategy from the left. Find liberal Justices willing to bend and mold the law in order to fit their partisan political viewpoints.
39 comments:
In this case you are probably wrong again.
Chief Justice Roberts is not an original intent justice.
You have no problem with Trump using executive orders for his political agenda.
But your incredible hypocrisy squared is evident again and again.
You strongly support finding conservative Justices willing to bend and mold the law in order to fit their partisan political viewpoints.
An alleged rapist was appointed by the President and approved by the Majority in the Senate.
Even worse is the former ambassador to the United Nations has become the Monica Lewinsky of the Trump Republican party.
Nikki Haley was considered by some to be one of the so-called “adults in the room”—that is, one of the Trump administration officials who served as a kind of safety net protecting the nation from the president’s worst impulses. So firm was this view that some theorized Haley had authored the anonymous New York Times op-ed describing a “resistance” to Donald Trump from within. She put those rumors to bed in a Washington Post essay taking the unnamed senior staffer to task for failing to critique their boss directly, but there was a sense, despite her hostile approach to the United Nations as the administration’s envoy, that she was not a true believer, at least not the way die-hards like Mike Pompeo, Stephen Miller, and Mick Mulvaney have been.
But the former U.N. ambassador has laid waste to such notions as she promotes her new book, hitching her wagon to Trump as she raises speculation about her ambitions. Making the rounds in the media over the last week, Haley has pointedly thrown Rex Tillerson and John Kelly under the bus while laying the Trump praise on thick. The latest: “In every instance that I dealt with him,” Haley told Savannah Guthrie Tuesday on Today, https://twitter.com/brianstelter/status/1194233662985973760 he was truthful, he listened, and he was great to work with.”
https://www.vanityfair.com/news/2019/11/nikki-haleys-book-tour-is-an-homage-to-donald-trump
She said that he was always truthful when she was talking with him.
there has never ever been any constitutional authority for one President to declare that their own policies to be permanent.
Have you forgotten that Trump said that he can do anything he wants according to Article Two in the Constitution?
You have become a cultist.
Balance the budget????
Free trade?????
Support for democracies????
What a waste of DNA
first 5 insane rumblings are from the old folks home
Sorry you're so angry Roger...
Perhaps you should speak to the nurse about upping your meds?
DAPA “flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization.”
Your argument about free stuff is racist.
Trump: 'I have an Article 2 where I have the right to do whatever I want as president'
July 23, 2019
Article II of the United States Constitution bestows executive power on the office of the presidency. For example, the article establishes the president as the commander-in-chief of the military and grants the office the power of pardons. But it's also sandwiched between Articles I and III, which are the foundations for the powers of the legislative and judiciary branches. You know, the whole checks and balances thing. It's unclear, however, if President Trump understands this.
Neither do you.
Even worse is the former ambassador to the United Nations has become the Monica Lewinsky of the Trump Republican party.
Nikki is a lot more classy and a lot cuter than that chunky Yid
Balance the budget???? Ronald Reagan
Free trade????? Ronald Reagan
Support for democracies???? Ronald Reagan
I believe Vladimir Putin. Donald Trump
I believe there are good people on both sides. Donald Trump.
Mr Gorbachev tear down that wall. Ronald Reagan.
Our tarrifs are helping our farmers. Billion in supplements . Donald Trump
You have an incurable disease called Trumpism stage four.
Get help
Another mushroom licker.
you are the definition of stir crazy
stir-crazy
[ˈstər ˌkrāzē]
ADJECTIVE
informal
NORTH AMERICAN
psychologically disturbed, especially as a result of being confined or imprisoned
do they have a van or bus and can take y'all on outings, like a museum?
Many of the people in DACA, no longer very young, are far from “angels.” Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!
I am neither confined or imprisoned
You are in the prison of Trumpism.
Crooked President Hillary: 'I have an Article 2 where I have the right to do whatever I want as president'
July 23, 2019
Impeachment hearings in secret.
Blogger Roger Amick said...
I am neither confined or imprisoned
Got it incapacitated it is
What are you babbling about Roger?
Had Trump not made the decision to not enforce DACA, the court case would have gone through by now and it would most likely had been declared unconstitutional (not on merits, but because authority did not exist for a President to create such a policy by executive action).
And then Congress would have been forced to come together (or not) and create an actual Law (which is their job).
Even if the courts rule that Trump doesn't have the executive authority to undo what Obama did do... that only guarantees that the first lawsuit will move forward... and likely DACA would be declared just as unconstitutional as DAPA.
All this lawsuit has done is delayed the inevitable reality that this is up to Congress to write a law, rather than up to a President to write an Executive Action.
Exclusive https://www.nbcnews.com/politics/donald-trump/private-speech-bolton-suggests-some-trump-s-foreign-policy-decisions-n1080651
Like other former Trump advisers, Bolton said regardless of how much evidence is provided to Trump that Russia interfered in the 2016 election, the president refuses to take any action because he views any move against Moscow as giving credence to the notion that his election is invalid, the people present for Bolton's remarks said.
At one point in his closed-door remarks, Bolton was asked what he thinks will happen in January 2021 if Trump is re-elected, people present for his remarks said. Bolton responded by taking a swipe at Trump’s son-in-law, Jared Kushner, and Ivanka Trump — both of whom are senior White House advisers — and at Sen. Rand Paul, R-Ky., three people familiar with his remarks said.
Bolton said Trump could go full isolationist — with the faction of the Republican Party that aligns with Paul’s foreign policy views taking over the GOP — and could withdraw the U.S. from NATO and other international alliances, three people present for his remarks said.
He also suggested that Kushner and Ivanka Trump could convince the president to rewrite his legacy and nominate a liberal like Lawrence Tribe — a Harvard Law professor who has questioned Trump’s fitness for office and was a legal adviser to Barack Obama’s 2008 campaign — to the Supreme Court, the people present for Bolton's speech said.
Bolton said, with an eye roll that suggested he doesn’t take them seriously, that Kushner and Ivanka Trump could do so in an attempt to prove they had real influence and were in the White House representing the people they want to be in social circles with at home in New York City, the people present for his remarks said.
Those present said that at that point, the audience appeared shocked.
Do you really want the United States to become an isolationist nation?
The locks on the doors are to keep his ilk in.
He no longer is free to have what he wants at every meal, like the rest of us, his "private Chef" decides for him.
You have a point but.
Trump has been using the executive order for his own political purposes.
Obama may have taken a step too.
But the reason for most of this is the fear of the changing of presented by the numbers of "beaners".
Most of them are getting an education, working hard and fulfilling the American dream.
And the other issue is the President is trying to overturn the ACA, that would kill thousands of people.
He has been trying to keep the Dreamers from getting any education and Social Security benefits in their later years.
Original intent declared that the Africans were 3/5 of a person.
My bottom line is my fear of the Executive branch exceeding its power.
You only care, was when Obama may have stepped too far. But Trump can do anything he wants to do and he is above the law.
this article
Miller shares link from white nationalist site
Miller recommends ‘Camp of the Saints’ to Breitbart
McHugh says Miller told her to aggregate from American Renaissance
Confederate flag removals upset Miller after church murders
Miller focuses on racial identity of killer with ‘alt-right’ beliefs
Miller says he reached out to anti-Muslim extremist Pamela Geller
Miller forwards Infowars link to aid McHugh’s reporting
Miller backs immigration policies Hitler once praised
Miller posits conspiracy theories about immigration
Exploring Miller’s reported ties to white nationalist figures
In the run-up to the 2016 election, White House senior policy adviser Stephen Miller promoted white nationalist literature, pushed racist immigration stories and obsessed over the loss of Confederate symbols after Dylann Roof’s murderous rampage, according to leaked emails reviewed by Hatewatch.
https://www.splcenter.org/hatewatch/2019/11/12/stephen-millers-affinity-white-nationalism-revealed-leaked-emails#Miller
Southern Poverty Law Center???
You debilitated pathetic old man. they are less credible than you
HR 6 is sitting on the table of the Senate and Moscow Mitch McConnell has blocked it from coming to a vote.
The Pinocchio Test
The Dream and Promise Act says it doesn’t give legal status to immigrants who were in criminal street gangs. Any immigrant with a felony conviction is ineligible for the bill’s protections. Those with three or more misdemeanors also are barred. These immigrants would not qualify for legal residence under the bill.
By adopting certain parts of the INA, the bill also excludes immigrants convicted of specific offenses that could be associated with gang activity or organized crime, such as drug trafficking, smuggling, human trafficking, prostitution and money laundering. Furthermore, the legislation gives broad discretion to the DHS secretary to deny immigrants deemed a threat to national security or public safety.
Reprieves appear in the bill for immigrants convicted of low-level marijuana and traffic offenses and civil disobedience, but these provisions hardly open the door to gang members or hardened criminals.
Some Republicans make a plausible argument that because the bill limits DHS’s use of gang databases, some gang members might walk between the raindrops and make out with green cards. We wouldn’t be giving Pinocchios for that claim. But other Republicans are making sweeping and factually flawed claims that H.R. 6 would give legal status to gang members and smugglers. We give them Three Pinocchios.
They must pass background checks.
https://www.washingtonpost.com/politics/2019/06/17/does-dream-act-give-green-cards-gang-members/
I have no restraints whatsoever.
Blogger Roger Amick said...
I have no restraints whatsoever.
Neither debilitated nor incapacitated mean you are restrained, rather they mean incapable
Roger believes in his mind that he has a "chef" preparing his meals. 😂
We have witnessed the financial , physical and mental decay of "my name is Roger, not Akky".
Most of them are getting an education, working hard and fulfilling the American dream.
None of this matters... it's not about whether or not Judges or Justices believe a policy is good or bad. That is not their place. Their place is to decide if something is constitutional and legal. Period.
So they may disagree all they want with the President and it should not matter one single bit if he has the legal constitutional authority to undo a previous executive order.
So the ONLY QUESTION here, Roger...
Do Presidents have authority to issue executive orders that will remain intact after they leave office. At some time, there will be a different President. Do you want to set a precedent that everything Trump does from and executive order standpoint is now permanent?
You have no problem with Trump using executive orders for his political agenda.
But your incredible hypocrisy squared is evident again and again.
says the alky who gargled 0linsky balls and sniffed his fucking throne every fucking time ol' skeets cranked out another "pen & phone" missive.
Most of them are getting an education, working hard and fulfilling the American dream.
i don't care if they're the king and queen of the fucking prom. throw them the fuck out -
A closely divided Supreme Court seemed inclined to uphold President Donald Trump’s bid to terminate the Deferred Action for Childhood Arrivals (DACA) program during arguments Tuesday morning.
The high court’s conservative majority appeared to think the administration has provided an adequate basis for ending the policy, and in spaces even wondered if the courts have power to review the dispute.
Chief Justice John Roberts noted that the high court in 2016 affirmed a decision of the 5th U.S. Circuit Court of Appeals that blocked an Obama-era amnesty program called Deferred Action for Parents of Americans (DAPA). The 5th Circuit’s ruling and the Supreme Court’s subsequent affirmance provide a sufficient rationale for ending DACA, which is largely similar to DAPA, Roberts suggested.
“You’ve got a court of appeals decision affirmed by an equally-divided Supreme Court,” Roberts said, in reference to the earlier DAPA case. “Can’t he just say that’s the basis on which I’m making this decision?”
Apart from concerns about DACA’s legality, Justice Brett Kavanaugh said the Department of Homeland Security (DHS) identified independent policy reasons for ending the program. He repeatedly challenged lawyers representing left-leaning states and civil rights groups to describe why the government’s explanation for its decision fell short.
https://dailycaller.com/2019/11/12/daca-supreme-court-arguments/
I just finished reading the New York times article about the hearing today.
The hard core conservative justices were very predictable. Roberts on the other hand is not a slam dunk but..
while Chief Justice John G. Roberts Jr. indicated that the administration was on solid legal footing in saying the program was unlawful, he said the Supreme Court could rule in a humane way, minimizing the hardships people participating in the program would face if it were ended.
“It’s not always the case when the government acts illegally in a way that affects other people,” he said, “that we go back and untangle all of the consequences of that.” The program, he suggested, could be wound down in measured steps.
Chief Justice Roberts added that both the Obama and Trump administrations have said they would not deport people eligible for the program, meaning that the main practical questions if the program is ended would be their ability to work legally, obtain driver’s licenses and the like.
“The whole thing was about work authorization and these other benefits,” the chief justice said. “Both administrations have said they’re not going to deport the people.”
The arguments in the case, one of the most important of the court’s term, addressed the president’s power over immigration, a critical issue for Mr. Trump and a divisive one, especially as it has played out in the debate over DACA, a program that has broad, bipartisan support.
Supreme Court Appears Ready to Let Trump End DACA Program.
Supreme Court Appears Ready to Let Trump End ‘Dreamers’ Program https://www.nytimes.com/2019/11/12/us/supreme-court-dreamers.html
I don't look at the right wingnuts.
I'm not going to say that either side fell short.
Do Presidents have authority to issue executive orders that will remain intact after they leave office. At some time, there will be a different President. Do you want to set a precedent that everything Trump does from and executive order standpoint is now permanent?
Your argument falls short of reality.
Obama didn't use an executive order, he went around it to keep the government from shipping thousands of children, young men and women back to the countries their parents bought them here as children.
People like the racist rodent bastard, won't be happy, if the Supreme Court reverses the Obama decision, Trump said that the Democrats would have to work with him.
Many of the people in DACA, no longer very young, are far from “angels.” Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!
Trump has to fire George Miller
Miller:
Shared articles from the white nationalist website VDARE, which traffics in the “white genocide” or “great replacement” myth that people of color are systematically replacing white people. It’s a racist doctrine that has incited numerous white supremacist terror attacks, including the mass murder of 51 people in Christchurch, New Zealand, and the attack that killed 22 in El Paso in August.
Recommended an apocalyptic, overtly racist novel called The Camp of the Saints, which is popular among white nationalists and neo-Nazis in the U.S. The book depicts a Europe overrun by millions of brown-skinned migrants. Following the email, Breitbart published an article called “Camp of the Saints” Seen Mirrored in Pope’s Message.
Tried to create a counternarrative after Amazon.com and other retailers halted sales of Confederate-themed merchandise following the Charleston church massacre in 2015. In one email, he wrote, “Have you thought about going to Amazon and finding commie flags and then doing a story on that? I think you’ve hit on something potentially profound.”
Referred repeatedly to President Calvin Coolidge, who signed the Immigration Act of 1924, a law based on eugenics that banned immigrants from Asia and targeted “dysgenic” Italians and Eastern European Jews. The law, which limited entry to the U.S. to immigrants from Northern Europe, was praised by Adolf Hitler as a model for Nazi Germany.
These emails are proof that Miller believes immigrants of color are a danger to our country and should not be allowed in — a cornerstone of Trump’s immigration policy.
Your lovely wife was considered to be unequal human beings. Miller still believes that shit.
You are a racist asshole.
i don't care if they're the king and queen of the fucking prom. throw them the fuck out -
Impeachment Eve must be hell on Trump.
1. "One of the DACA requirements is that you "have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety."" - @demoscat
2. Trump lies when he says "many" DACA recipients are "tough, hardened criminals"
3. Trump wants "tough, hardened crminals" to stay in the US.
Many of the people in DACA, no longer very young, are far from “angels.” Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!
Earlier today in a Twitter tirade.
Tomorrow is might be interesting!
Your argument falls short of reality.
no alky, on the contrary, yours does. both in a practical sense and a legal sense.
the last i checked we were, at least for now, a sovereign nation with enforceable borders.
when you cross our border illegally, and enter our country illegally, and remain here illegally, you are in fact a fucking criminal.
an American president does not possess the constitutional authority to simply waive our nation's immigration laws and border enforcement laws ad infinitum.
even if he was the first half-rican american magic negro president.
Recommended an apocalyptic, overtly racist novel called The Camp of the Saints, which is popular among white nationalists and neo-Nazis in the U.S. The book depicts a Europe overrun by millions of brown-skinned migrants.
so sweden has taken in a shit-ton of moose-limb refugees. let's see how well that's worked out for their part of europe...
COPENHAGEN, Denmark (AP) — Denmark will temporarily reinstate border controls with Sweden and step up police work along the border after a series of violent crimes and explosions around Copenhagen that Danish authorities say were carried out by perpetrators from Sweden.
The checks, which start Tuesday for six months, will take place at the Oresund Bridge between Copenhagen and the Swedish city of Malmo, and at ferry ports.
Lene Frank of Denmark’s National Police said there will be both random and periodic checks of people crossing the border and officers will focus “particularly on cross-border crime involving explosives, weapons and drugs.”
Since February, there have been 13 blasts in Copenhagen. Authorities believe an Aug. 6 explosion at the Danish Tax Agency “was committed by criminals that had crossed the border from Sweden.” Two Swedish citizens are in custody.
Denmark Justice Minister Nick Haekkerup has called a June 25 double murder — where two Swedish citizens were gunned down in suburban Copenhagen — “a showdown between feuding gangs from Sweden.”
On Saturday, one 15-year-old boy was shot dead and another 15-year-old was critically wounded in Malmo, Sweden’s third-largest city, which lies just across the water from Copenhagen.
The boys “were well-known to the police despite their young age,” senior police officer Stefan Sinteus told a news conference Monday. “It was a somber weekend.”
The shooting took place just minutes after an explosion in another Malmo district where a bomb set under a car detonated, destroying the vehicle and damaging other cars. Police said Monday that the blast could have been a diversion from the killing.
No one has been arrested in the Malmo shootings.
Police in Malmo — a Swedish city also hit by explosions and shootings between feuding gangs — will get extra officers to cope with the violence, said Carina Persson, the southern Sweden regional police chief.
“We have a serious situation,” Prime Minister Stefan Lofven told the Swedish news agency TT. “The inhabitants of Sweden should feel safe, whether they are on the streets and squares, at home in their residential area or wherever they are.”
Haekkerup said last month that the blast at the headquarters of the Danish Tax Agency and the twin murders in suburban Copenhagen were “examples of the serious crime that can flow over the border from Sweden. We will not accept that.”
https://apnews.com/430bf7e182cd480886e2beeee9f8f84f
People like the racist rodent bastard, won't be happy, if the Supreme Court reverses the Obama decision, Trump said that the Democrats would have to work with him.
on the contrary, i'll be quite pleased because reversal of the unconstitutional 0linsky decision will mean a return to the rule of law regarding our immigration policy. a small but necessary step if we are ever to stem the tsunami of illegal criminal aliens.
we have a legal process by which one can become an American citizen. i welcome anyone outside our country to engage that process, follow its requirements, and become a LEGAL citizen of the United States of America.
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