Trump's Immigration Executive Order

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pmconusa
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Trump's Immigration Executive Order

In an article in the Harvard Journal of Law & Public Policy in the Summer of 2002, Judge Robert Bork opined, “There is no possibility, today, of adhering completely to the original constitutional design. Such a daring plan would require overturning the New Deal, the Great Society, and almost all of the vast network of federal legislation and regulation put in place in the last two-thirds of the twentieth century. It appears that the American people would be overwhelmingly against such a change and no court would attempt to force it upon them”.

Soon the court is going to rule on President Trump’s executive order effecting immigration. The Constitution is perfectly clear on what power the President has and what power rests with the Congress. The problem is the original Constitution is no longer the law of the land because it has been superseded by unconstitutional acts that have emasculated it, removed nearly all of its prohibitions and added provisions that, as Judge Bork eluded to, supposedly favored the people.

The difference in this fight is that it is the new government wanting to retain an unconstitutional power and the people are wanting to strike it down. This is in complete contrast to the debates that raged over the introduction of the unconstitutional acts Bork refers to where the people demanded the unconstitutional laws not be struck down. As Bork, has eluded, the Justices now are nearly fully politicized to support one side or the other by putting their finger in the air to test the way the wind is blowing and can usually find precedent to support it without having to refer to the Constitution because it just might not condone it. It is a practice called stare decesis or settled law, a concept supported even by the likes of Justice Thomas.

My own opinion is that the Ninth Circuit will opt out of making any final decision and either send it back to the lower court or rule against the government that will appeal it to the Supreme Court where with 8 jurists, anything is likely to happen including sending it back to the Ninth Circuit’s decision by refusing to hear the appeal. That latter action by the Court is not permitted under the Constitution but the rules of the Court have been written by the Congress to allow it in order to not place the Supreme Court in the position of making unpopular decisions.

I trust you noticed the timing of Bork’s coverage of the misdeeds as the last two-thirds of the twentieth century coincides with when the 40 years of Democrat rule occurred, specifically the reigns of Franklin Roosevelt and Lyndon Johnson.

anonymous_coward
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If it does get appealed to

If it does get appealed to SCOTUS, would Gorsuch be confirmed in time to be included in the hearing?

Toolsmith
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Hmm... maybe Trump is using

Hmm... maybe Trump is using delaying tactics?

anonymous_coward
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So from what I have read

So from what I have read/heard, Gorsuch wouldn't be there, which means it would likely go 4-4 (if it were even heard at all).

However, it sounds like they could just redraft the EO to address the issues in the 9th circuit (I'm not a lawyer so I honestly don't understand the legal minutia) and resubmit it.

It's also worth noting, this is just a hearing on whether the TRO (temporary restraining order) should stand. It does not actually look at the constitutionality of the EO.

anonymous_coward
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Sounds like they are

Sounds like they are redrafting:
http://www.zerohedge.com/news/2017-02-10/trump-reportedly-redrafting-tra...

Why didn't they just write it correctly the first time?

Spider
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Follow the money….illegal

Follow the money….illegal immigration is a for-profit venture funded with your money by people who have the ‘Other People’s Money’ syndrome when they spend it. If you want to come to the United States to live, follow the legal immigration process. Sign up and get vetted, otherwise go north to Canada.

http://bigstory.ap.org/article/refugee-resettlement-agencies-brace-fundi...

Refugee resettlement agencies brace for funding loss

The agencies receive a certain amount of federal dollars per refugee they help resettle, which means they would lose a key source of funding unless the Trump administration provides funds in the interim during the 120-day temporary halt to refugees entering the U.S.

Catholic Charities USA says the executive order will cost the organization millions of dollars and put at risk about 700 jobs out of the 54,000 jobs at its agencies around the country, according to spokeswoman Patricia Cole.

At the offices of Catholic Community Services in Salt Lake City, pictures of the 70 employees in the refugee resettlement program are pinned on a tac board. Many of them are refugees who used their own experience and specialized training from the agency to become valuable staffers, said Aden Batar, director of immigration and refugee resettlement.

Batar, a refugee himself who worked his way up into his current role since joining the agency two decades ago, worries about how these employees will support their families if he has to lay off some or cut back hours. Most of the program's funding comes from the federal government, he said.

Spider
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http://www.miamiherald.com

http://www.miamiherald.com/news/local/immigration/article131227599.html

Hundreds of immigrants convicted and not deported committed more crimes — even murder

A committee letter sent to the Department of Justice and the Departments of State and Homeland Security nearly two years ago said that at least 121 homicides “could have been avoided” between 2010 and 2014 had Immigration and Customs Enforcement (ICE), under the prior Obama administration, deported immigrant convicts instead of releasing them.

“This disturbing fact follows ICE’s admission that, of the 36,007 criminal aliens it released from ICE custody in Fiscal Year 2013, 1,000 have been re-convicted of additional crimes in the short time since their release,” according to the letter, dated June 12, 2015.

anonymous_coward
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Uncle Milty on Illegal

Uncle Milty on Illegal Immigration:
https://www.youtube.com/watch?v=C52TlPCVDio

(even I had to do a double take when I saw this)

pmconusa
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Trump is stalling until he

Trump is stalling until he can find a way to get what he wants without having go to Congress who is the only party that can make rules regarding immigrants. The President has no such authority until Congress gives it to him and even if they wanted to it would be a delegation of their power which is prohibited by the concept of separation of powers. For an explanation see my post Trump's Executive order.

Toolsmith
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Trump should just defy the

Trump should just defy the TRO.
That's what Obama did...

pmconusa
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He already has and the

He already has and the roundup and protests have begun. You are seeing the first signs of the anarchy Benjamin Franklin predicted on the day the framers signed the Constitution.

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