Posted on 03/15/2017 3:48:21 PM PDT by springwater13
Right, but WE need to be clear about the legal issues if we are to defeat these rats. That begins with clarity about the Constitution as the Rule of Law against the feds, what that Rule of Law contains, and how to rightly apply it.
The argument against the first one and probably this one also, is that another section of the same code prohibits discrimination, the court agreeing with that argument and ignoring that such an application renders the section Trump sited unworkable.
Hence the need of a higher law, which we have and which Trump must site IMO: the Constitution, in this case Art IV, Sec 4, which overrides flawed federal code (per the Supremacy Clause, Art VI, Cl 2).
Absolutely. Defend the Constitution.
If they squawk, point out how the Constitution is there to protect the people not the "ruling elite".
Point out how he will continue to our Constitutional ideal that emancipated the individual for the first time in human history.
Maybe include in the notice a time period for the judicial branch to correct their error but IMO the executive branch should continue with this constitutional EO/invasion-protection order for the safety of the nation at least until receiving a legitimate response from the judicial branch that would contain sound constitutionally-based reasoning. Trump should also notify Congress to correct THEIR error as well with appropriate legislation pursuant to Art VI, Sec 4. Maybe NOW is the time for this.
Trump’s rejecting the unconstitutional decision by the federal judiciary would almost certainly trigger a Congressional move to impeach Trump. Such a move would be without constitutional merit as Trump is the only party in this case trying to uphold the Constitution. What is the constitutional standard for impeachment? “Treason, Bribery, or other high Crimes and Misdemeanors” (Art II, Sec 4). What is the constitutional standard for treason? “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort” (Art III, Sec 3, Cl 1). By constitutional standards, if anyone should be impeached, it should be these judges blocking Trump’s invasion-protection order.
The answer is Trump should take his case to the American People citing Article IV Section 4 of the Constitution MANDATING the feds PROTECT the U.S. from invasion. Trump should urge his fellow Americans to call their congressmen to support his efforts to protect the American People and ask Congress to fix the existing law or pass a new one pursuant to Article IV Section 4.
It’s a gamble but sooner or later, this showdown needs to happen. Who knows if or when our politically-vacillating Congress will nominate Gorsuch and there’s also the possibility Gorsuch could turn Left at the Supreme Court stop light as so many others have before him. Maybe now is the time. Now or never. If Trump took his case to the American People like he did during his campaign, I think he would win.
It’s time We the American People stand up for OUR freedoms and protection, OUR Constitution, OUR country, and OUR President. Trump wants to constitutionally protect America from invasion which is the first duty of the Federal Government - and invasion is exactly what illegal and dangerous immigration is. Let’s pray that God will again help America here. Let’s do what we can to help Trump win and continue to make America great again.
well said, not sure it will work anymore, but is a last gasp chance, too much illegal opposition, folks need to be prosecuted..starting with Hillary and the coup bunch..
I join your prayer..
The only way the judge can find discrimination is to assume facts not in evidence.
I agree with the gist of your post.
Two Article III federal district judges usurped the Constitutional and statutory power of the Article II executive. It is as simple as that. It cannot stand.
I hope President Trump avoids challenging these decisions in the scotus. The Constitution and Congress, not scotus, empowers President Trump. He should enforce his EOs and take his argument, as you say, to the American people.
Regardless, discrimination is not the determinative issue because the Constitution trumps federal statute. Art IV, Sec 4 of the Constitution decides and has NO prohibition of discrimination in the mandate for the feds to protect from invasion. In fact, nowhere does the Constitution prohibit discrimination except against black citizens in state and federal laws (14A).
We are still talking about an “Inferior Court ordained and established by Congress”. Article 3, Section 2 is Clear that ONLY the supreme Court has jurisdiction when “a State Shall be Party”
Under NO circumstance does Congress have the Authority to create an inferior court EQUAL to the Executive Branch.
I agree President Trump needs to take his case Directly to the People. But until a Lot of people start Quoting the US Constitution and getting people interested in in what it Actually Says instead of what the Press says, it will only get worse.
I'm trying to do just that.
Developing a website to do that too
https://sonsofconstitutionalliberty.com/
Check out the Hawaiian judge and photo op.
http://www.freerepublic.com/focus/chat/3535889/posts?page=1
A good time was had by all.
check out the dinner guests
http://ibloga.blogspot.com/2017/03/obama-met-with-judge-at-restaurant-then.html
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