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U.S. court orders Trump administration to fully reinstate DACA program

Actually though, I see it as putting the breaks on capricious administration. It makes it harder to start a program, and and harder to end it. The rationale being that the citizenry can act on administrative programs, and not have them easily yanked-out from under their feet. In fact, DACA would seem to be a good example!

...It makes it harder to end programs, absolutely, but only because of institutional pressure. It makes law-making astonishingly easy, however. Much easier when you no longer require that pesky legislature to make the laws, but can simply write them into existence, then become responsible for both enforcing them and judging between yourself and citizens whom you bring up on charges.
 
...It makes it harder to end programs, absolutely, but only because of institutional pressure. It makes law-making astonishingly easy, however. Much easier when you no longer require that pesky legislature to make the laws, but can simply write them into existence, then become responsible for both enforcing them and judging between yourself and citizens whom you bring up on charges.
The bolded may be a valid point.

Though I've seen it claimed it promulgates a form of quasi type law, rather than hard law. But I'll respect your point.
 
Then they are free to go F themselves. That's my company's money. If they want to refuse to sell to me in the future because they are butthurt over this :shrug: alright.

Its your company's money, but that doesn't mean you get to ignore the processes or the requirements of the business your company is working with...of which your business has already agreed to.

....Except that this is an executive agency.

Executive Agencies are still bound by Legislative Law. That is how checks and balances work.

Go look up information on the APA; it's the primary reason why DAPA isn't being discussed as needing to be overturned as well as DACA...because despite Obama putting an order into his executive agencies to implement it, because they did not adhere to the APA it failed to stand.

Executive Agencies don't get to ignore the law simply because the President says so. They no more can ignore the APA because the Presidents wants them to than they can ignore laws about bribery for instance.
 
Respectfully, I would tend to disagree. The APA has devolved legislative and judicial authority onto the Executive Branch. That's not a good thing at all; it's a dangerous thing.*

Whether it's a good or bad thing is irrelevant; it's enshrined in law and remains such until it's removed.

I get entirely WHY you don't like it. And I get why you may personally feel that it SHOULDN'T cause issues here. However, I think you're also someone who's reasoned enough to recognize there's a difference between arguing about how things SHOULD be based on your own personal preferences and opinions on matters, and arguing about things in relation to the reality of the situation.
 

The treaty of Guadalupe Hidalgo was not a purchase. That land was taken from Mexico as a result of the Mexican/American war. The treaty was signed in 1848, two years after California had become an independent nation:

During the Bear Flag Revolt, from June to July 1846, a small group of American settlers in California rebelled against the Mexican government and proclaimed California an independent republic. The republic was short-lived because soon after the Bear Flag was raised, the U.S. military began occupying California, which went on to join the union in 1850. The Bear Flag became the official state flag in 1911.

bear flag revolt of 1846
 
The treaty of Guadalupe Hidalgo was not a purchase.

Payment was given to Mexico.......many millions of dollars. The land then became U.S. property.

Please advise how that does not meet the definition of "purchase."

Mexicans today complain about “stolen” land, but their claim is weak. They accepted American payment as part of the Treaty of Guadeloupe Hidalgo, thus ratifying the transfer. The Gadsden Purchase of 1854 was a reiteration of the principle of exchanging land for money. Moreover, if the Mexicans had defeated the Americans they would certainly have exercised their own rights under the law of conquest. Had they been able to occupy New Orleans and Mobile they would have felt entitled to keep them.
 
Payment was given to Mexico.......many millions of dollars. The land then became U.S. property.

Please advise how that does not meet the definition of "purchase."


Did Mexico put those lands up for sale? Did we then negotiate a purchase price?
Or did we fight a war?

Anyway, California was not a part of Mexico at that time. If Mexico really sold California to the US, then they must have sold land that was not theirs.
 
Did Mexico put those lands up for sale? Did we then negotiate a purchase price?
Or did we fight a war?

Anyway, California was not a part of Mexico at that time. If Mexico really sold California to the US, then they must have sold land that was not theirs.

Rave on. You are welcome to your fantasies and rewriting of history.
 
Rave on. You are welcome to your fantasies and rewriting of history.

So using your logic, if I beat the **** out of someone and then tell them "Give me your house for $40", that to you is a purchase? :lamo
 
Great news!!
The more the better

We will outvote the white males before you know it!!

lol not sure if your intention to post this comment here is serious, but there is some actual truth to it. It is a well known fact that whites will be a minority in the US by 2050. Currently, minorities usually vote Democrat which is why the Democrat party consistently caters to this agenda. Remember, it was the Republicans who ended slavery. The Democrats jumped on the civil liberties bandwagon much later and uses minorities to stay in power. Hillary Clinton's mentor was a form member of the KKK. These rich, white globalist-liberals are closeted racists.
 
So using your logic, if I beat the **** out of someone and then tell them "Give me your house for $40", that to you is a purchase? :lamo

Your logic overlooks the fact that they were paid a fair price......many millions.
 
Whether it's a good or bad thing is irrelevant; it's enshrined in law and remains such until it's removed.

Sure. That, however, does not translate to:

I get entirely WHY you don't like it. And I get why you may personally feel that it SHOULDN'T cause issues here. However, I think you're also someone who's reasoned enough to recognize there's a difference between arguing about how things SHOULD be based on your own personal preferences and opinions on matters, and arguing about things in relation to the reality of the situation.

"Therefore the President is not the authority for the Executive Branch."


Rule of Law is vital. But the Constitution is the Supreme Law of the land, and it vests Executive Authority in the President.
 
Its your company's money, but that doesn't mean you get to ignore the processes or the requirements of the business your company is working with...of which your business has already agreed to.
Now you are adding to the scenario. If my company had signed a legally binding agreement with the other company (which, in this example, would mean that the President had signed something Congress had passed) with these stipulations, then indeed my company is on the hook.

In this scenario, however, there was no such binding agreement - only ever the then-preference of the CEO.

Executive Agencies are still bound by Legislative Law. That is how checks and balances work.

Absolutely they are. And, had Congress passed DACA either with the President's signature or over his veto, then they would be bound to them (something that DACA, ironically, stands in defiance of, as it is fundamentally a refusal to enforce the law). But refusal to enforce the law does not become Legislative Law simply because the President said so - the Congress and the Congress only is the source of that authority.

The President is the source only of Executive Authority, and one President is the equal of another, just as one Congress can overturn what previous Congress's have done.

Go look up information on the APA; it's the primary reason why DAPA isn't being discussed as needing to be overturned as well as DACA...because despite Obama putting an order into his executive agencies to implement it, because they did not adhere to the APA it failed to stand.

Executive Agencies don't get to ignore the law simply because the President says so. They no more can ignore the APA because the Presidents wants them to than they can ignore laws about bribery for instance.

I had to take a masters' class once on the APA - still have the giant tomes on my damn shelves, somewhere. The language you are referring to is designed to minimize the abuses of administrative capture and corruption - to offer a check against a bureaucrat, acting within his derived authority, from abusing it against a civilian (ie: My neighbor played loud music last weekend. I will have his property declared a protected wetland, and his house seized). It does not override one President's ability to rescind the Executive decisions of another, nor does it require the Executive to break the law by refusing to enforce it, regardless of a Judge's assessment of whether or not the President is not a nice person.
 
lol not sure if your intention to post this comment here is serious, but there is some actual truth to it. It is a well known fact that whites will be a minority in the US by 2050. Currently, minorities usually vote Democrat which is why the Democrat party consistently caters to this agenda. Remember, it was the Republicans who ended slavery. The Democrats jumped on the civil liberties bandwagon much later and uses minorities to stay in power. Hillary Clinton's mentor was a form member of the KKK. These rich, white globalist-liberals are closeted racists.

Even if they are racist they are still gaining voter base so the age of the republican will be sounding its last dying gasps soon but not soon enough
 
It is relevant Johnny5. The court rejected the executive's rule making regarding DACA. Get a grip.

Let it play out, and we will eventually find out how THIS CASE is resolved.

Its not relevant to the discussion we're having about whether court opinions have the force of the law. The court can reject things all they want. It doesnt change the law.
 
Its not relevant to the discussion we're having about whether court opinions have the force of the law. The court can reject things all they want. It doesnt change the law.

Sure jonny5, whatever you need sir.
 
Sure. That, however, does not translate to:

"Therefore the President is not the authority for the Executive Branch."

Rule of Law is vital. But the Constitution is the Supreme Law of the land, and it vests Executive Authority in the President.


Yeah, the argument against the court order is extremely simple: The court does not have the authority to positively enact an Executive Order. That power rests solely in the office of the Executive. A court only has the power to uphold or dismiss an EO based on the EO's constitutionality.

If the court decision holds (and it won't) what is to stop a judge from choosing to rule that the Office of the Executive must issue a new Executive Order that the court has written? The court ruling breaks the separation of powers.
 
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