https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf Justice Sotomayor dissents: > Instead, the Government says, it should be able to apply the Citizenship Order (whose legality it does not defend) to everyone except the plaintiffs who filed this lawsuit. If that’s the case, I’m curious if it could be fixed with a class action, so everyone (or everyone born in the US) is a plaintiff? If that’s legally a thing.
>class action What you describe is voting We’re in this mess because people are not interested enough, educated enough, or engaged enough politically to make their position explicit to drive the direction of legislation and executive action. Citizens of The United States have every tool available to to work together to shape their communities. The reality is the overwhelming majority do not do that, and you can come…
US Supreme Court limits federal judges' power to block Trump orders
191–200 of 878 posts
Re: US Supreme Court limits federal judges' power to block Trump orders
#192This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.
Re: US Supreme Court limits federal judges' power to block Trump orders
#193This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.
IANAL but I read SCOTUS opinions regularly and this one is hard to argue with. If things should be different then we need legislative/constitutional changes.
Re: US Supreme Court limits federal judges' power to block Trump orders
#194This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.
I'm personally much less worried about genuine national security matters getting temporarily blocked than I am about general authoritarianism from the President ( any President). Given the impotence of Congress, what checks on executive power are we left with?
Re: US Supreme Court limits federal judges' power to block Trump orders
#195Earlier quoted context omitted.
I'm personally much less worried about genuine national security matters getting temporarily blocked than I am about general authoritarianism from the President ( any President). Given the impotence of Congress, what checks on executive power are we left with?
Prayer mostly. Or actually fixing the congress.
https://www.nytimes.com/2016/08/10/us/politics/donald-trump-...
Re: US Supreme Court limits federal judges' power to block Trump orders
#196Earlier quoted context omitted.
I'm worried about the trend of civil rights going unprotected until after a Supreme Court ruling.
That's what laws are for. Courts aren't supposed to write them.
Re: US Supreme Court limits federal judges' power to block Trump orders
#197Earlier quoted context omitted.
My understanding is that your characterization is true of the Articles of Confederation, but not true of the Constitution. The federal government's power is delegated from the people. At the top of the Articles, it's pretty clear that the delegates of the states have come together to establish a league of states. At the top of the Constitution, it's explicitly stated that "We the People […] do ordain and establish."
Individuals can't (practically) secede. And it is done via the states, for example the state governments choose senators. Right now this is done via popularity contests in every state but there's nothing in the constitution or federal law requiring that.
Neither can states, either practically or legally.
Re: US Supreme Court limits federal judges' power to block Trump orders
#198[flagged]
So what do you want 2A supporters to do exactly? Start shooting government officials? Because I guarantee you would call them nut job terrorists if they did.
Re: US Supreme Court limits federal judges' power to block Trump orders
#199[flagged]
So what do you want 2A supporters to do exactly? Start shooting government officials? Because I guarantee you would call them nut job terrorists if they did.
So yeah. Do a "water the tree of liberty with the blood of tyrants," already. The gun people were more than willing when they thought a Democrat was stealing their votes or Bill Gates was putting microchips in vaccines.
Re: US Supreme Court limits federal judges' power to block Trump orders
#200Earlier quoted context omitted.
This was also discussed in the Constitutional Convention, where the participants decided the impeachment process, and failing that, four-year terms, were a sufficient remedy.
Surely the President could simply prevent congresspeople from voting to impeach via various means.
> Mr. MADISON, objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemeanor. The President under these circumstances was made improperly dependent. He would prefer the Supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part.
> Mr. PINKNEY disapproved of making the Senate the Court of impeachments, as rendering the President too dependent on the Legislature. If he opposes a favorite law, the two Houses will combine agst. him, and under the influence of heat and faction throw him out of office.
Ultimately it was decided that "in four years he can be turned out", so it was not worth addressing further. Indeed some argued that the President should not be impeachable at all because of this.
> Mr. KING expressed his apprehensions that an extreme caution in favor of liberty might enervate the Government we were forming. He wished the House to recur to the primitive axiom that the three great departments of Govts. should be separate & independent: that the Executive & Judiciary should be so as well as the Legislative: that the Executive should be so equally with the Judiciary. Would this be the case, if the Executive should be impeachable? It had been said that the Judiciary would be impeachable. But it should have been remembered at the same time that the Judiciary hold their places not for a limited time, but during good behaviour. It is necessary therefore that a forum should be established for trying misbehaviour. Was the Executive to hold his place during good behaviour? The Executive was to hold his place for a limited term like the members of the Legislature: Like them particularly the Senate whose members would continue in appointmt the same term of 6 years he would periodically be tried for his behaviour by his electors, who would continue or discontinue him in trust according to the manner in which he had discharged it. Like them therefore, he ought to be subject to no intermediate trial, by impeachment. He ought not to be impeachable unless he held his office during good behaviour, a tenure which would be most agreeable to him; provided an independent and effectual forum could be devised. But under no circumstances ought he to be impeachable by the Legislature. This would be destructive of his independence and of the principles of the Constitution. He relied on the vigor of the Executive as a great security for the public liberties.