View Poll Results: Can the President veto or repeal a law?

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  • Yes, he can!

    7 43.75%
  • No, only Congress has these enumerated powers

    9 56.25%
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Thread: Can the President veto or repeal a law?

  1. #41
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    From your link:

    Can anyone sue the president? -- Not for what he does as chief executive. The 1982 Supreme Court decision Nixon v. Fitzgerald gave the president broad immunity against civil lawsuits for job-related actions. Here's the background: In 1968, A. Ernest Fitzgerald, a civilian analyst at the Air Force, warned Congress about the mounting costs of producing the Lockheed C-5A, a transport plane. Soon after, President Nixon ordered Fitzgerald dismissed, and Fitzgerald sued. Ultimately, a 5-4 split Court found in favor of Nixon, holding that the president "is entitled to absolute immunity from damages liability predicated on his official acts." The theory goes that subjecting the president, who routinely makes decisions that alter the fortunes of millions of citizens, to such lawsuits would cripple his ability to preside effectively and distract him from the job.
    I guess I should listen to my own counsel: "Anybody can sue. The question is, 'Can they win?" Thanks for the link. Lawsuit, of course, is going nowhere.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

  2. #42
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by MaggieD View Post
    I guess I should listen to my own counsel: "Anybody can sue. The question is, 'Can they win?" Thanks for the link. Lawsuit, of course, is going nowhere.
    Didn't say they had a case. But they have standing to sue, that's the important part. It's part of the process.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  3. #43
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Which was the issue in Marbury v. Madison . . . ruled that the executive branch need not follow a law it also believed was unconstitutional!
    No. It did not.

    (And a writ of mandamus was not "THE" issue; it was the sought remedy.)
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  4. #44
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    No. It did not.
    Yes, it did. It upheld Madison's action.

    Madison didn't follow the law and then sue to have it overturned - that would be impossible anyway, since there was no dispute for the court. He refused, and then the courts said he had the power to do so because the law was unconstitutional.

    (And a writ of mandamus was not "THE" issue; it was the sought remedy.)
    The appeal was about Madison's refusal to follow the writ.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  5. #45
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Then don't discuss it.
    Why are you? Other than as a deflection? It had nothing to do with the point.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  6. #46
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    Why are you? Other than as a deflection? It had nothing to do with the point.
    Because I believe it's relevant. If you don't, just say so.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  7. #47
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Yes, it did. It upheld Madison's action.
    No, it didn't. The court said that the Supreme Court lacked original jurisdiction over the matter and remanded the case.

    That very jurisdiction, as granted by Congress in the Judiciary act of 1789, was what was declared unconstitutional.


    Madison didn't follow the law and then sue to have it overturned
    So what? I never said he did; that's another deflection -- and a silly one, because Madison was not President; Jefferson was.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Because I believe it's relevant. If you don't, just say so.
    Um, I did. And it's not. It's still selective enforcement; you're just adding a proviso to give him a pass.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  9. #49
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    No, it didn't. The court said that the Supreme Court lacked original jurisdiction over the matter and remanded the case.

    That very jurisdiction, as granted by Congress in the Judiciary act of 1789, was what was declared unconstitutional.
    Without getting into it, I'll just remind you that the reason the court found the power to declare a law unconstitutional was the oath the judges took to uphold the Constitution, which is the same oath the President and Congress members take.




    So what? I never said he did; that's another deflection -- and a silly one, because Madison was not President; Jefferson was.[/QUOTE]
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  10. #50
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    So what? I never said he did; that's another deflection -- and a silly one, because Madison was not President; Jefferson was.
    Madison was in Jefferson's cabinet acting under his authority. And it's not a deflection, because that's how some people think the system should work, but that would make no sense.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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