Posted on Feb 5, 2017
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The Trump administration said the lower-court judge shouldn't be “second-guessing” the president.
President Trump has spent the better part of the past 24 hours bashing a U.S. district judge's decision to temporarily halt his travel ban executive order.
First came a White House statement calling the ruling “outrageous” (the word was later taken out)
President Trump has spent the better part of the past 24 hours bashing a U.S. district judge's decision to temporarily halt his travel ban executive order.
First came a White House statement calling the ruling “outrageous” (the word was later taken out)
Constitutional crisis? What happens if Trump decides to ignore a judge’s ruling.
Posted from washingtonpost.comPosted in these groups: 
Judiciary
Constitution
Donald Trump
Office of the President (POTUS)
White House
Judiciary Constitution Donald Trump Office of the President (POTUS) White House
Posted 7 y ago
Responses: 14
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things will go to the SCOTUS and a decision will be Made...
The Courts on the West coast are the most Over turned courts in the nation...
The Courts on the West coast are the most Over turned courts in the nation...
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SPC Kevin Ford
Agree, that is the proper process. At the end some people will be unhappy (perhaps me) but the Constitution will have been followed and that's more important than my personal feelings on the matter.
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Capt (Join to see)
Tammy Davis - I and the president agree. But, the courts son't seem to. My point is A court order WAS ignored by the previous president. Nothing happened.
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PO2 Robert Aitchison
Which specific court ruling did Obama ignore?
I don't deny that he made a lot of EO's and I recall some of them getting shot down in court rulings (can't recall which) but I don't remember any where he disregarded the court rulings of a federal judge.
I don't deny that he made a lot of EO's and I recall some of them getting shot down in court rulings (can't recall which) but I don't remember any where he disregarded the court rulings of a federal judge.
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Immigration from foreign lands is a matter of foreign policy, and national security. This is under the purview of the office of the presidency, not that of circuit court judges.
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MCPO Roger Collins
You are correct, that was settled when our former president increased immigrants, refugees and where they were located in secrecy.
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Capt Gregory Prickett
CPT (Join to see) - Immigration is more complex than that. First, the Constitution grants Congress, not the President, the power to determine how immigration is handled (Art. 1, § 8, cl. 4). Congress has done that, codifying it in Title 8 of the U.S. Code.
The President has the duty to execute that law, and may issue Executive Orders (EO) to guide the executive departments. When power has been delegated to the President by Congress, such as by § 1182(f), an EO has the force of law. What an EO may not do is to change the law as enacted by Congress under their Constitutional authority, such as by making legal permanent residents (LPRs) subject to § 1182(f) when Congress stated that they were not by the definition in § 1101(a)(13). This creates a separation of powers issue, as well as an 'as applied' religious discrimination claim.
The Judiciary has the duty to interpret the law, and to determine what the law says. As Chief Justice Marshall wrote over 200 years ago, "It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each." Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803). That hasn't changed, and the judiciary will determine if Trump's EO is valid or not.
This matter is not limited to the purview of the executive branch. Trump does not get to rule by fiat.
The President has the duty to execute that law, and may issue Executive Orders (EO) to guide the executive departments. When power has been delegated to the President by Congress, such as by § 1182(f), an EO has the force of law. What an EO may not do is to change the law as enacted by Congress under their Constitutional authority, such as by making legal permanent residents (LPRs) subject to § 1182(f) when Congress stated that they were not by the definition in § 1101(a)(13). This creates a separation of powers issue, as well as an 'as applied' religious discrimination claim.
The Judiciary has the duty to interpret the law, and to determine what the law says. As Chief Justice Marshall wrote over 200 years ago, "It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each." Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803). That hasn't changed, and the judiciary will determine if Trump's EO is valid or not.
This matter is not limited to the purview of the executive branch. Trump does not get to rule by fiat.
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LCpl Trevor Weller
Capt Gregory Prickett - The majority of the executive order deals with refugees not immigrants and the executive branch has full power over refugee admittance. https://www.uscis.gov/humanitarian/refugees-asylum/refugees/united-states-refugee-admissions-program-usrap-consultation-worldwide-processing-priorities
The United States Refugee Admissions Program (USRAP) Consultation & Worldwide Processing...
Every year, immigration law requires that Executive Branch officials:review the refugee situation or emergency refugee situation.project the extent of possible participation of the United States in re
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Capt Gregory Prickett
LCpl Trevor Weller - not according to the text of the EO. Section 5 deals with USRAP, but other sections deal with other issues, such as a uniform interview process, other visa requirements, and so on.
Second, the executive branch only has the power that the legislative branch has granted it as to any type of immigration or refugee status.
Second, the executive branch only has the power that the legislative branch has granted it as to any type of immigration or refugee status.
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