"The powers of the president's Executive Orders will not be questioned."

Nick McIntyre | Legendary Invincible!
 
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I kind of wanted to discuss how creepy that statement sounds, taken from this article.

https://www.theguardian.com/us-news/2017/feb/12/trump-administration-considering-narrower-travel-ban?CMP=fb_us

Senior Advisor Stephen Miller announced that opponents, the media, and the world will see that the President's Executive Orders to "protect the country" will not be questioned by the judiciary branch because they feel that branch has too much power.

To me, that feels like a worrying statement.  I have no doubts that if Trump's orders continue to be questioned in court, he'll continue to throw tantrums and fight them all the way to the Supreme Court.  But saying the judicial branch has "too much power" also seems very concerning.  In my opinion, it just sounds like that Trump, if the courts challenge the legality of his Executive orders, could find ways to limit their power.  We already saw what happened to the Attorney General when she questioned the legality of his ban.

(I'm just coming back from lunch so I'll post more thoughts on this later, but I just wanted to get this topic started while it was still fresh in my mind.)


 
 
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Last Edit: February 12, 2017, 06:37:25 PM by Flee


 
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The branches are supposed to balance each other out but that requires each of them to actually call the others out when stepping out of line.


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Last Edit: February 13, 2017, 09:31:12 AM by Flee


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Why was this not a problem under Obama?


 
Alternative Facts
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Why was this not a problem under Obama?

Ironically, it was for the same side preaching Trump's EO's.
Last Edit: February 13, 2017, 10:13:15 AM by Alternative Facts


 
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I'm more worried about the precedent he'll set for future leaders. I doubt it will all come tumbling down under 4-8 years of Trump, but the weakening of the institutions of the government easily can pave the way for future leaders to slowly take power away from it. Right now Trump and his very hardcore supporters are the only ones really buying into everything he's doing 100%. Everyone else is either directly opposed to it, or passive enough to see what he'll do.

It's when you start to see more and more people in powerful positions like that do it, that you'll need to be worried. I can't help but think of Turkey and Erdogan's party for this example.

You look at places it's happened like Rome and realize Caesar didn't take the power suddenly in one fell swoop out of nowhere. The institution was weakened a number of times before that.
Last Edit: February 13, 2017, 04:06:01 PM by Luciana


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Why was this not a problem under Obama?

I do not remember Obama screaming and bawling on Twitter over court cases regarding his Executive Orders, or his administration saying quotes like, "No one will question our Orders."

And I recall whenever Obama signed an Executive Order,  the right never ceased with the "POWER ABUSE!!!" nonsense, so yes.  It was a "problem" under Obama.


 
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Why was this not a problem under Obama?

I do not remember Obama screaming and bawling on Twitter over court cases regarding his Executive Orders, or his administration saying quotes like, "No one will question our Orders."

And I recall whenever Obama signed an Executive Order,  the right never ceased with the "POWER ABUSE!!!" nonsense, so yes.  It was a "problem" under Obama.
Obama's only fault for criticizing it was saying he wasn't happy in his State of the Union address, which was stupid to do. But yeah, Trump's is obviously far worse because he's questioning the Judiciary branch of our government as a whole. And I hope they don't get weakened.


 
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As conspiracy tier it might sound, Trump really does seem to be putting together an autocracy.

Publicly bullying people with less power for disagreeing with him. Openly trying to silence opposition. Targeting the media with unfounded smear campaigns in an attempt to discredit any negative reporting. Deliberately spreading clear lies and factually incorrect information at such a disgusting rate that people have already accepted post-truth and have stopped caring about their government pushing demonstrably false narratives. Challenging checks and balances. Undermining the authority of branches supposed to keep him in check. Personally attacking people for the sole reason of them doing their job and upholding their civil duty and the rule of law. Ignoring detestable acts by those supporting him while endlessly bringing up the wrongdoings of others. Openly praising, supporting and gaining approval from repressive regimes and factual dictatorships around the world. Filling the swamp with ever more of his cronies and people with zero qualifications for the sole reason that they are paying his party. Publicly putting blame on people who disagree with him so that he can shake off all responsibility and attack dissidents if things go sour.

Leader of the free world and home of the free, my ass. I still can't believe anyone could support this pathetic excuse of a leader.
YouTube


here is a video reflecting what you said, and idk how to feel.


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Well it's true, executive orders aren't under the purview of the judiciary.


 
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Well it's true, executive orders aren't under the purview of the judiciary.
I think it's more so them saying the Judiciary branch is trying to be this big overreaching thing and that what they do WILL NOT be questioned. Which is fucking stupid, it will always be questioned. This isn't Russia or Turkey.


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Well it's true, executive orders aren't under the purview of the judiciary.
I think it's more so them saying the Judiciary branch is trying to be this big overreaching thing and that what they do WILL NOT be questioned. Which is fucking stupid, it will always be questioned. This isn't Russia or Turkey.
Well having a circuit court rule on the immigration executive order is overreaching. It isn't their place to do so.


 
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Well it's true, executive orders aren't under the purview of the judiciary.
I think it's more so them saying the Judiciary branch is trying to be this big overreaching thing and that what they do WILL NOT be questioned. Which is fucking stupid, it will always be questioned. This isn't Russia or Turkey.
Well having a circuit court rule on the immigration executive order is overreaching. It isn't their place to do so.
I'm not so sure that's true. It would be if the executive order was more clear cut and they just easily redrafted it and made it more clear, instead of just crying about it. It'd easily get passed. In its current state, it's way too damn messy. And even if it doesn't, it'll go to the Supreme Court where it'll soon be in his favor, along with the circuit courts being in his favor whom he appoints.

And that doesn't invalidate the other things the dude said.


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Well it's true, executive orders aren't under the purview of the judiciary.
I think it's more so them saying the Judiciary branch is trying to be this big overreaching thing and that what they do WILL NOT be questioned. Which is fucking stupid, it will always be questioned. This isn't Russia or Turkey.
Well having a circuit court rule on the immigration executive order is overreaching. It isn't their place to do so.
I'm not so sure that's true. It would be if the executive order was more clear cut and they just easily redrafted it and made it more clear, instead of just crying about it. It'd easily get passed. In its current state, it's way too damn messy. And even if it doesn't, it'll go to the Supreme Court where it'll soon be in his favor, along with the circuit courts being in his favor whom he appoints.

And that doesn't invalidate the other things the dude said.

Which dude?

But it really isn't even a question of whether it's true; the ninth circuit court has no power of judicial review over an executive order. Fuck Trump, but as ineloquently as he put it, they have no judicial authority on the matter.


 
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Well it's true, executive orders aren't under the purview of the judiciary.
I think it's more so them saying the Judiciary branch is trying to be this big overreaching thing and that what they do WILL NOT be questioned. Which is fucking stupid, it will always be questioned. This isn't Russia or Turkey.
Well having a circuit court rule on the immigration executive order is overreaching. It isn't their place to do so.
I'm not so sure that's true. It would be if the executive order was more clear cut and they just easily redrafted it and made it more clear, instead of just crying about it. It'd easily get passed. In its current state, it's way too damn messy. And even if it doesn't, it'll go to the Supreme Court where it'll soon be in his favor, along with the circuit courts being in his favor whom he appoints.

And that doesn't invalidate the other things the dude said.

Which dude?

But it really isn't even a question of whether it's true; the ninth circuit court has no power of judicial review over an executive order. Fuck Trump, but as ineloquently as he put it, they have no judicial authority on the matter.

Is there legal precedent to say that the ninth circuit court (or any of them) have no power to conduct judicial review on an EO? I've only see articles that say they have that ability.


 
 
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Last Edit: February 14, 2017, 05:08:40 PM by Flee


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But it really isn't even a question of whether it's true; the ninth circuit court has no power of judicial review over an executive order. Fuck Trump, but as ineloquently as he put it, they have no judicial authority on the matter.
Do you have any sources on that? I'm no expert on American law because I don't think it's very interesting, but to my knowledge executive orders are definitely subject to judicial review by federal courts. And unless I'm mistaken, circuit courts of appeal are federal and fully capable of assessing the legality of executive orders or have them taken all the way up to your supreme court.

Edit: did a quick search and came up with these:

https://qz.com/898683/can-an-executive-order-be-revoked/
http://www.tolerance.org/blog/executive-orders-and-checks-and-balances

"Executive orders are also subject to judicial review; like laws, they can be challenged in the federal courts and ultimately go all the way to the Supreme Court."

Source: NPR

But in general, executive orders are reviewed by the supreme court, and ever further, courts very rarely interfere with the legislative and executive powers to manage immigration because of the separation of those branches' power.


 
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But it really isn't even a question of whether it's true; the ninth circuit court has no power of judicial review over an executive order. Fuck Trump, but as ineloquently as he put it, they have no judicial authority on the matter.
Do you have any sources on that? I'm no expert on American law because I don't think it's very interesting, but to my knowledge executive orders are definitely subject to judicial review by federal courts. And unless I'm mistaken, circuit courts of appeal are federal and fully capable of assessing the legality of executive orders or have them taken all the way up to your supreme court.

Edit: did a quick search and came up with these:

https://qz.com/898683/can-an-executive-order-be-revoked/
http://www.tolerance.org/blog/executive-orders-and-checks-and-balances

"Executive orders are also subject to judicial review; like laws, they can be challenged in the federal courts and ultimately go all the way to the Supreme Court."

Source: NPR

But in general, executive orders are reviewed by the supreme court, and ever further, courts very rarely interfere with the legislative and executive powers to manage immigration because of the separation of those branches' power.

I'd argue that, considering Obama's EO regarding immigration and the dreamers went through the court system - if i remember correctly.


 
 
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Source: NPR

But in general, executive orders are reviewed by the supreme court, and ever further, courts very rarely interfere with the legislative and executive powers to manage immigration because of the separation of those branches' power.
You're gonna have to forgive me for not accepting that as a valid source. To my knowledge, the court hasn't ruled on the actual constitutionality of his orders yet. They've just reaffirmed that there's enough evidence to suggest that they might, which justifies the temporary restriction (not invalidation) of the order. So far, literally everything I've read confirms that there are no issues with the court ruling on this.

http://www.latimes.com/politics/la-live-updates-9th-circuit-arguments-how-would-the-supreme-court-react-to-1486691392-htmlstory.html
http://www.nationalreview.com/corner/444784/why-ninth-circuit-ruled-against-trumps-refugee-order
http://www.vox.com/2017/2/9/14570202/trump-judges-tweet
https://www.nytimes.com/2017/02/09/us/politics/appeals-court-trump-travel-ban.html?_r=0

These articles discuss the case in detail and cite numerous legal experts and law professors on the topic. None of them seem to argue against this court being able to do so. I'd find extremely unlikely to assume something as fundamental as court jurisdiction would be overlooked by so many experts, lawyers and courts themselves.
NPR is credible..


 
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Source: NPR

But in general, executive orders are reviewed by the supreme court, and ever further, courts very rarely interfere with the legislative and executive powers to manage immigration because of the separation of those branches' power.
You're gonna have to forgive me for not accepting that as a valid source. To my knowledge, the court hasn't ruled on the actual constitutionality of his orders yet. They've just reaffirmed that there's enough evidence to suggest that they might, which justifies the temporary restriction (not invalidation) of the order. So far, literally everything I've read confirms that there are no issues with the court ruling on this.

http://www.latimes.com/politics/la-live-updates-9th-circuit-arguments-how-would-the-supreme-court-react-to-1486691392-htmlstory.html
http://www.nationalreview.com/corner/444784/why-ninth-circuit-ruled-against-trumps-refugee-order
http://www.vox.com/2017/2/9/14570202/trump-judges-tweet
https://www.nytimes.com/2017/02/09/us/politics/appeals-court-trump-travel-ban.html?_r=0

These articles discuss the case in detail and cite numerous legal experts and law professors on the topic. None of them seem to argue against this court being able to do so. I'd find extremely unlikely to assume something as fundamental as court jurisdiction would be overlooked by so many experts, lawyers and courts themselves.
NPR is credible..

i think he means something other than "i head it on NPR", like something we can actually take a look at and read


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Source: NPR

But in general, executive orders are reviewed by the supreme court, and ever further, courts very rarely interfere with the legislative and executive powers to manage immigration because of the separation of those branches' power.
You're gonna have to forgive me for not accepting that as a valid source. To my knowledge, the court hasn't ruled on the actual constitutionality of his orders yet. They've just reaffirmed that there's enough evidence to suggest that they might, which justifies the temporary restriction (not invalidation) of the order. So far, literally everything I've read confirms that there are no issues with the court ruling on this.

http://www.latimes.com/politics/la-live-updates-9th-circuit-arguments-how-would-the-supreme-court-react-to-1486691392-htmlstory.html
http://www.nationalreview.com/corner/444784/why-ninth-circuit-ruled-against-trumps-refugee-order
http://www.vox.com/2017/2/9/14570202/trump-judges-tweet
https://www.nytimes.com/2017/02/09/us/politics/appeals-court-trump-travel-ban.html?_r=0

These articles discuss the case in detail and cite numerous legal experts and law professors on the topic. None of them seem to argue against this court being able to do so. I'd find extremely unlikely to assume something as fundamental as court jurisdiction would be overlooked by so many experts, lawyers and courts themselves.
NPR is credible..

i think he means something other than "i head it on NPR", like something we can actually take a look at and read
that would make much more sense


 
 
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Remember when Obama was president and he was gonna declare martial law and his immense executive overreach was proof of this?


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