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How Do These Presedential Executive Powers Work?

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ToraToraTora | 13:19 Sun 05th Feb 2017 | News
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Leaving aside the subject matter why are the US courts able to overturn the Presidents executive orders? I mean either he has the power or he does not, so how does it work? I have googled but I cannot find an explanation. Thanks.
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Begger.....losing already !
13:44 Sun 05th Feb 2017
I think the normal procedure is for the president's advisors to....Erm.....advise the pres whether something is illegal. This Step seems to have been missed and could explain why Obama didn't implement it when he identified the same countries. As far as I can see there are several types of EOs.
I need to understand more but presumably in this case it's related to the President's role and responsibility to uphold the Constitution. Thus, an executive order that is either deemed unconstitutional or, in this case, deemed *possibly* unconstitutional, then it can't be enforced. To take a more extreme example, a president couldn't sign an executive order to abolish voting rights, or the right to keep and bear arms (although Congress, Presidents, and the States combined could amend the constitution).

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right so the order is possibly not legal under the constitution. Thanks
Its all here TTT !

https://en.wikipedia.org/wiki/Executive_order

Yes, very dodgy which is why he is loosing the battle with the ban on Muslims.
Begger.....losing already !
"...which is why he is loosing the battle with the ban on Muslims."

He isn't banning Muslims, Mikey. He's banning (or attempting to ban) people with the citizenship of seven individual nations which happen to have a predominantly Muslim population. Not all Muslims are terrorists but almost all terror related atrocities in recent years seem to have been committed by Muslims. Mr Trump recognises that fact (which other politicians seem unwilling or unable to accept). His advisors have identified where the hotbeds of terror appear to be and have advised Mr Trump that it might be an idea to temporarily restrict admission to the US of people from those countries until a more robust vetting procedure can be implemented.

Don't misunderstand me. I have no particular brief for Mr Trump one way or the other and I don't particularly care what he does provided it does not adversely affect the UK. But he's not simply "banning Muslims". Having said that, I'd have no argument with him if he did.
The last word I would use to describe you New Judge is credulous, but do you really think that that he isn't banning Muslims ?

Really ?

He said on countless occasions last year, that as well as building a wall, he was going to ban all Muslims from America....I heard him with my own ears.

And its backfired on him for being unconstitutional. He has been caught on the back foot here, and made to look foolish and amateurish into the bargain.

A man promoted way above his pay abilities.
Talbot....nobody on here is defending Radical Islam.

But its Trumps way of going about dealing with it that we are questioning. Us and the American Court system.
I don't think the decision is anything to do with the "Muslim Ban" element of complaints against this Executive Order. Seems to be more to do with the perceived damages caused to the States -- from loss of freedom to travel to the residents of the States, along with "employment, education, business, family relations... as well as injury to the States' operations, tax bases, and public funds."

https://www.documentcloud.org/documents/3446391-Robart-Order.html

Sure, it's a badly-targeted order (as has been pointed out more than a few times, terrorist attacks against the US have exclusively come from other countries) and can be perceived as religious discrimination, but -- for the moment at least -- this is not the problem with Trump's EO.

"...but do you really think that that he isn't banning Muslims ?"

I don't doubt for one minute that's he's intention - and I don't blame him. But that is not what his order says.
What's a 'pay ability'?
New Judge....but that is what it meant. If those 7 countries were not populated almost exclusively by Muslims, than he wouldn't have made the EO.

That is obvious to anyone surely ?
In that Express article there is possibly one of the worst defending of a supposed world leader I've ever read:
'He and his team are learning the art of governing. Though the executive order banning travel from certain destabilised Muslim-majority countries has misfired, the principle behind the order is surely not in itself wrong.'

Do the American people deserve a leader who doesn't know the rules from the get-go?
"That is obvious to anyone surely ?"

Well it's perfectly obvious to me, Mikey.
Yes I can see that you right now NJ !

Its meant to stop those few hundred Catholics that live in the 7 countries, otherwise he would included Saudi Arabia in the ban wouldn't he ?

You must remember ? Saudi Arabia is where the terrorists came from in the 9/11 attacks !
I think you misunderstand me Mikey.

I perfectly accept that Mr Trump's failed ban is intended to prevent some Muslims from entering the US. I make no bones about it but I don't have to. Mr Trump has to try to make it more palatable by implying that it is not based on religion. But it is. There's nothing wrong with that. He accepts that most of the atrocities across the world recently have been perpetrated by Muslims. He sees that preventing Muslims entering the US will lessen the risk to US citizens. I happen to think he is wrong but once again it is not what I think that matters.
As far as I'm aware, Christians from those 7 countries are not banned, is that correct?

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