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Posted on 01/23/2019 2:22:28 PM PST by jazusamo
It’s disappointing that the Supreme Court failed Tuesday to grant the Trump administration’s appeal of a lower court order that prevents the president from ending the Deferred Action for Childhood Arrivals (DACA) program. But it’s not the end of the story.
Importantly, the high court didn’t reject the request filed by the Justice Department to allow President Trump to end DACA. The request is still pending.
If the Supreme Court grants the Justice Department’s appeal of the lower court order between now and the end of June, the case to determine the fate of the DACA program will be heard during the next term of the court that begins in October.
Roughly 700,000 immigrants brought to the U.S. illegally as children are protected from deportation by DACA. The argument in favor of the program is that the children didn’t choose to break the law and so should not be punished because their parents violated immigration laws by bringing them to the U.S.
But the central issue at stake in the DACA case is not whether the young people now protected by DACA deserve or don’t deserve to be allowed to stay in the U.S. The issue at stake is what power the Constitution gives the president to act alone by issuing executive orders, without seeking approval from Congress.
The framers of the Constitution very deliberately set up a system of government where power was divided between the president and Congress, with the courts given the power to rule on disputes. These checks and balances were created to prevent one person from ruling the country as an all-powerful king or dictator. The system has worked brilliantly.
(Excerpt) Read more at foxnews.com ...
Try it and the FOX Newsie Poll Morons will eat your lunch with one of their bull**** “polls”.
Trump ought to start deporting some of them. Maybe then the Dems will compromise.
Just round them all up and their parents too, load them on planes and boats and then drop them off in the middle of the Atlantic and Pacific Oceans.
It’s unconstitutional unless approved by Congress
""Would you accept a probationary residency provision for DACA kids with a possible path to permanent status with no eligibility for voting? This provision would require cross checking all records and applications to see is said applicant has used a stolen SS# or registered to vote anywhere, both of which would result in deportation."
I believe what von Spakovsky refers to as unconstitutional is the fact Obama did it with an executive order whereas Congress can do it constitutionally.
DACA was created by an unconstitutional executive order written by an unconstitutional president. The irresponsible acceptance and implementation of DACA has de facto made it the law of the land. DACA, however perceived, is still unconstitutional and has no legal basis whatsoever.
At the least, send each DACA individual a letter with the location of the nearest train departure loading point and a boarding sequence number - "just for prior planning purposes".
If we had an opposition party they would have sued to stop the Kenyanesian Usurper from doing it back in 2012.
Of course, if we had an opposition party there would have been no Kenyanesian Usurpation.
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You are so cruel to fish.
The only ones talking compromise is trump. Dems never compromise and they get things done. We sent 10 Billion additional taxpayer dollars to Mexico n central America and claim we cant find wall funding.
I only have 1 question:
If my Parents Stole $5 Million Dollars from a Bank and gave the Money to Me, would I or should I be able to legally Keep it???
Nowadays, the Constitution only means what the black-robed members of the federal Star Chamber say it means.
LOL...well, to quote Gilbert’s lyrics, from YEOMAN OF THE GUARD, for one of Jack Point’s arias, and a bit out of context...”FOOD FOR FISHES, ONLY FITTED....” ! ;^)
Not really, the Congress can and has passed laws not subject to Judicial Review. Opinions vary on FreeRepublic, but it is still a fact, and they have done it over a hundred times.
If you’re talking about their home countries in Latin America, then yes.
This is from Matthew Bohrer, Former Assistant State’s Attorney
Feb 10, 2017
[The Ninth Circuit] cited Boumediene v. Bush, 553 US 723 at 765 from 2008. There, Congress and the President attempted to make the President’s decisions regarding enemy combatants unreviewable by eliminating federal courts’ jurisdictions over habeas claims by such persons. The Court found this offensively invalid. They explained that the “political branches” lacked “the power to switch the Constitution on and off at will”.
In other words, the Constitution is what empowers judicial review, and the Constitution cannot be limited by statute (only Amendment).
Sure you can let the courts take control, that was one of the Founders biggest concerns.
We have accepted Courts Authority sort of like loons have accepted Global Warming, doesn't make it true.
A court Ruling that declares the court ruling has the final say on a matter is how we have got into the mess we are in. Court rulings have in effect rewritten the Constitution with out the necessity of an amendment because those in power have accepted it, no other reason.
Many of our illustrative leaders have secretly wanted these changes so they blame the courts in attempt to avoid blame for some of the most egregious court decisions.
The Courts regularly hogtie the Congress and the President because they allow them to, when in fact the Congress can set the lower court agenda or even abolish the lesser courts any time they choose.
The recent court tyranny where district courts can issue orders that apply throughout the country has became de facto law that effectively gives them the same power as he Supreme Court, requiring a Supreme Court decision to reverse the district Judge. Not what the Constitution intended and what the Founders feared is upon us.
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