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. #51
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    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.
    Actually, I suspect you're not getting into it because you don't really have a grasp on it -- that's not "the reason" they found anything.

    But given that you thought Madison was President at the time (you know you did), a shaky understanding of the case isn't surprising.
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  2. #52
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    Actually, I suspect you're not getting into it because you don't really have a grasp on it -- that's not "the reason" they found anything.
    Yes, it is. It's the one relevant to this discussion at least.

    But given that you thought Madison was President at the time (you know you did), a shaky understanding of the case isn't surprising.
    I most certainly did not think Madison was president at the time.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  3. #53
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    Re: Can the President veto or repeal a law?

    Just part of the lengthy discussion about this issue in Marbury:
    The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.

    In some cases then, the constitution must be looked into by the judges. And if they can open it at all, what part of it are they forbidden to read, or to obey? There are many other parts of the constitution which serve to illustrate this subject. It is declared that "no tax or duty shall be laid on articles exported from any state." Suppose a duty on the export of cotton, of tobacco, or of flour; and a suit instituted to recover it. Ought judgment to be rendered in such a case? ought the judges to close their eyes on the constitution, and only see the law. The constitution declares that "no bill of attainder or ex post facto law shall be passed."
    If, however, such a bill should be passed and a person should be prosecuted under it; must the court condemn to death those victims whom the constitution endeavors to preserve?

    Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies, in an especial manner, to their conduct in their official character. How immoral to impose it on them, if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!

    The oath of office, too, imposed by the legislature, is completely demonstrative of the legislative opinion on the subject. It is in these words, "I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States."

    Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?

    If such be the real state of things, this is worse than solemn mockery. To prescribe, or to take this oath, becomes equally a crime.

    Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.
    Note two things - the discussion of the oath, and the bolded part at the end.
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  4. #54
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by kamikaze483 View Post
    I have not seen (and could not find) where Romney or Gingrich... or anyone else for that matter said that they would unilatterally repeal Obamacare on Day 1. If you can find it I'd love to see it. What I found was this:

    Gingrich on Inauguration Day: Repeal Obamacare, Sarbanes-Oxley, Dodd-Frank - Ken Walsh's Washington (usnews.com)

    What Gingrich said here was that conservatives should concentrate on the taking congressional seats away from the Democrats in November, and that the new GOP majority should draft and pass the bill prior to Inauguration Day and have it ready for him to sign just as soon as he was sworn in.

    I also saw where Romney said he would issue waivers to the 50 states on the first day... again, could not find where he claimed he would unilatterally repeal it.

    However, while we are talking about the Executive Branch repealing laws, how about discussion on the Executive Branch unilatterally MAKING laws in the absence of congressional approval and CHANGING laws already passed by Congress, which is almost the same thing as repeal, right?

    Regulatory: President Obama shifts to unilateral executive action

    President Obama on Ensuring Fair Pay for In-Home Care Workers | The White House

    Just a couple of examples of how the current President has bypassed Congress to make and to change laws.
    Romney:



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  5. #55
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    It would be funny to watch him try.

    There are so many people benefiting from the law already, with the pre-existing conditions thing taken care of. And many who have no coverage will soon get it. How many people are there who will be mandated to buy coverage (or get it for free) who don't actually want it? Not many, probably.
    I have a very close friend who has no insurance, and is pissed about Obamacare. She doesn't like the idea of being fined for not having insurance.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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    Re: Can the President veto or repeal a law?



    Newt asks for bills to be ready.

    *can't post more than one video???*

    **I didn't see that anyone answered your request. If they did, my apologies.*
    I don't attack my constituents. Bob is my constituent now.
    This is the important stuff. We canít get lost in discrimination. We canít get lost in B.S. We canít get lost tearing each other down. I want to make a point here that no matter what you look like, where you come from, how you worship, who you love, how you identify, and yeah, how you run, that if you have good public policy ideas, if you are well qualified for office, bring those ideas to the table, because this is your America, too. This is our commonwealth of Virginia, too.
    Danica Roem - The nation's first openly transgender person elected to serve in a U.S. state legislature.

  7. #57
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Yes, it is. It's the one relevant to this discussion at least.
    Then I'm going to have to ask you to show it.

    Show, too, that they ruled the President may ("should," even) disregard laws they find unconstitutional.


    I most certainly did not think Madison was president at the time.
    Right.
    ďOffing 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.Ē-- Bernadine Dohrn

  8. #58
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by American View Post
    I have a very close friend who has no insurance, and is pissed about Obamacare. She doesn't like the idea of being fined for not having insurance.
    If she doesn't like the idea in principle, that's one thing.

    If she's just being a freeloader, I have no sympathy for her.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    If she doesn't like the idea in principle, that's one thing.

    If she's just being a freeloader, I have no sympathy for her.
    Is this suppose to be a rebuttle? Hahahahahah
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  10. #60
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    Then I'm going to have to ask you to show it.
    Just did. See post above.

    Show, too, that they ruled the President may ("should," even) disregard laws they find unconstitutional.
    Didn't say that. They didn't rule that.

    Right.
    Please don't play this game. I don't treat you like that. If you're going to do that, this conversation is over.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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