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stu_gatze
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A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Feb 11th, 2017 at 9:15am
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A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power

By: Ed Straker
February 10, 2017

Federal district judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump's temporary entry ban for citizens of seven countries.  Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay.

What we have here is a creeping constitutional coup.  As long as President Obama was in charge and had a massive open-door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent.  But when Donald Trump became president and tried to use the powers of the presidency to put some national security safeguards into place, the judiciary sprang into action.

The judiciary has usurped the executive branch's powers and has created a parallel constitution – one that bears no relation to the founding document of our nation.  The courts have now cited this parallel constitution to justify taking away the ultimate decision-making authority concerning national security from the presidency to rest in their hands.


MORE>http://www.americanthinker.com/blog/2017/02/a_legal_analysis_of_the_ninth_circui...





  

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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #1 - Feb 11th, 2017 at 9:19am
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stu_gatze wrote on Feb 11th, 2017 at 9:15am:
A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power

By: Ed Straker
February 10, 2017

Federal district judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump's temporary entry ban for citizens of seven countries.  Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay.

What we have here is a creeping constitutional coup.  As long as President Obama was in charge and had a massive open-door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent.  But when Donald Trump became president and tried to use the powers of the presidency to put some national security safeguards into place, the judiciary sprang into action.

The judiciary has usurped the executive branch's powers and has created a parallel constitution – one that bears no relation to the founding document of our nation.  The courts have now cited this parallel constitution to justify taking away the ultimate decision-making authority concerning national security from the presidency to rest in their hands.


MORE>http://www.americanthinker.com/blog/2017/02/a_legal_analysis_of_the_ninth_circui...








More proof that elections matter less, liberals win the culture wars.
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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #2 - Feb 11th, 2017 at 9:34am
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Executive Orders are unconstitutional. The Constitution doesn't list that power for the President.
  

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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #3 - Feb 11th, 2017 at 9:46pm
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stu_gatze wrote on Feb 11th, 2017 at 9:15am:
A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power

By: Ed Straker
February 10, 2017

Federal district judge James Robart violated the Constitution in issuing a TRO (temporary restraining order) against President Trump's temporary entry ban for citizens of seven countries.  Now a three-judge panel of the Ninth Circuit Court of Appeals has affirmed that stay.

What we have here is a creeping constitutional coup.  As long as President Obama was in charge and had a massive open-door policy at our borders and at our airports, in violation of statutory law, the judiciary was content to be silent.  But when Donald Trump became president and tried to use the powers of the presidency to put some national security safeguards into place, the judiciary sprang into action.

The judiciary has usurped the executive branch's powers and has created a parallel constitution – one that bears no relation to the founding document of our nation.  The courts have now cited this parallel constitution to justify taking away the ultimate decision-making authority concerning national security from the presidency to rest in their hands.


MORE>http://www.americanthinker.com/blog/2017/02/a_legal_analysis_of_the_ninth_circui...







I find many of your threads to be very interesting HOWEVER you might want to expand your choices of reading material, just a thought.
  
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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #4 - Feb 11th, 2017 at 11:33pm
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Legal citizens' lives matter! 9th circuit court of appeals judges in robes, fry 'em like bacon? Should that be the cry of the citizenry?
  
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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #5 - Feb 11th, 2017 at 11:49pm
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Possumpoint wrote on Feb 11th, 2017 at 9:34am:
Executive Orders are unconstitutional. The Constitution doesn't list that power for the President.


Tell that to Yellowstone National Park.

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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #6 - Feb 12th, 2017 at 12:28am
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USyeah wrote on Feb 11th, 2017 at 9:46pm:
I find many of your threads to be very interesting HOWEVER you might want to expand your choices of reading material, just a thought.


Its been mentioned many a time.  He still believes it's a legitimate source.
  

Deny, Ignore, Evade, Distract, Place Blame Elsewhere!  Must defend the Trump Messiah!

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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #7 - Mar 17th, 2017 at 2:10pm
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Possumpoint wrote on Feb 11th, 2017 at 9:34am:
Executive Orders are unconstitutional. The Constitution doesn't list that power for the President.


Is it unconstitutional?  It would seem they aren't. It's a gray area. The have a constitutional basis.


The constitutional basis for the executive order is the President’s broad power to issue executive directives. According to the Congressional Research Service, there is no direct “definition of executive orders, presidential memoranda, and proclamations in the U.S. Constitution, there is, likewise, no specific provision authorizing their issuance.”

But Article II of the U.S. Constitution vests executive powers in the President, makes him the commander in chief, and requires that the President “shall take Care that the Laws be faithfully executed.” Laws can also give additional powers to the President.

While an executive order can have the same effect as a federal law under certain circumstances, Congress can pass a new law to override an executive order, subject to a presidential veto.

http://blog.constitutioncenter.org/2017/01/executive-orders-101-what-are-they-an...





The legal or constitutional basis for executive orders has several sources. The first is in Article II, Section I, Clause 1, which vests in the president the executive power, and Article II, Section 3, which requires that presidents “take care that the laws be faithfully executed.” While lacking precise definition, the executive power gives presidents broad enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive department. Second, executive orders have a legal basis in power delegated by Congress to the president or executive department agencies. Congress may delegate to the Environmental Protection Agency, for example, authority to make determinations about what constitutes clean air or water under the Clean Water Act of 1972 or Clean Air Act of 1973. This delegation power is subject to the constitutional limits outlined by a host of Supreme Court decision.

Third, since the adoption of the Administrative Procedures Act (APA) in 1946, there is a complex process and structure for how administrative agencies and members of the executive branch can make rules and have then become legally binding. Taken together, these constitutional clauses, specific congressional delegation, and the rule-making process of the APA form the legal basis of presidential executive orders.

http://www.huffingtonpost.com/david-schultz/presidential-executive-or_b_14544996...


  
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Re: A legal analysis of the Ninth Circuit's dangerous usurpation of presidential power
Reply #8 - Mar 17th, 2017 at 2:13pm
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Possumpoint wrote on Feb 11th, 2017 at 9:34am:
Executive Orders are unconstitutional.

Not really.

Some specific EOs may violate the constitution, but EOs of themselves are not unconstitutional.
  
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