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Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it cou

Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Please define 'illegal law' and post links.

If what I understand to be going on is correct, it is illegal because congress cannot pass a law that limits executive power.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Name for me the democrat senators that will vote for impeachment. In fact, name one.

Guess we wait till after the 2014 election then, the dems will lose the senate come 2014
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Guess we wait till after the 2014 election then, the dems will lose the senate come 2014

Maybe, maybe not.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I'm not a legal schoaler, but I play one on the internet :2wave:

A "legal law" is Title Code which is congruent with the letter and intent of the Constitution, like the Civil Rights Act, as opposed to Title Code which is contradictory to the letter and intent of the Constitution, such as The Patriot Act.

I can tell that you are not a legal scholar. The person who disobeys an 'illegal law' still has to face the music in the courtroom and the case has to work its way up to the highest court for the law to be declared 'illegal.' And while that happens, the disobedient person has to sit in jail while the process moves forward. You don't just decide a law is illegal and not obey it unless you want to end up in the clink before the decision is reached by the SCOTUS that the law is illegal.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Not to side with Obama, but there are plenty of legitimate things he has done wrong. This is not one of them. He is not bound to illegal laws passed by congress, and this is an executive decision.

You do realize how laws are passed in this country or is this sarcasm you speak? Is it an illegal law if he signed it into law? obvious you did not read the link provided or the original post. Said right in my post he signed the law into law one year ago.
 
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Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Perhaps you don't read enough:



Bowe Bergdahl, America’s Only Prisoner Of War, Released - TIME


No doubt you have issue with the source.

BTW: You have not defined 'illegal laws.'
Perhaps you don't realize I am not arguing for or against such points. Only that Obama can exercise his executive rights as president.

Again, I do not agree with his actions. I only say it is his right.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Who would you recommend that people vote for who could get elected by way of, say, write ins?

Third party. Republocrats run off of a very tight 50/50 split of the voting populace. A third party doesn't need to even win, it just needs to capture enough votes to ensure a particular branch of the Republocrats cannot win. If they fear losing their power, they will change.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Perhaps you don't realize I am not arguing for or against such points. Only that Obama can exercise his executive rights as president.

Again, I do not agree with his actions. I only say it is his right.


He does not have any executive rights to break the laws that he signed into law.
Or any other laws...... But heck he breaks those also guess i should not be surprised.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

If what I understand to be going on is correct, it is illegal because congress cannot pass a law that limits executive power.

You might want to reread that Constitution. The 3 branches of government are not exclusive unto themselves, there is intentional overlap of all three. If there were not some overlap, then the government would be gridlocked 100% of the time.

While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government. Throughout American history, there also has been an ebb and flow of preeminence among the governmental branches. Such experiences suggest that where power resides is part of an evolutionary process.

Separation of Powers--An Overview

And Congress and the Judiciary most assuredly do limit presidential power:

How do Congress and the judiciary limit presidential power? - Curiosity

There certainly are limits to presidential power. If a president makes an agreement with Congress, signs that agreement into law, and then refuses to go by the agreement he signed into law, then there is a problem. Perhaps it is more of a stupidity problem than a legal problem, but there is a problem. Since Obama has been in office, I have become convinced that Harvard sells mail order law degrees.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I can tell that you are not a legal scholar. The person who disobeys an 'illegal law' still has to face the music in the courtroom and the case has to work its way up to the highest court for the law to be declared 'illegal.' And while that happens, the disobedient person has to sit in jail while the process moves forward. You don't just decide a law is illegal and not obey it unless you want to end up in the clink before the decision is reached by the SCOTUS that the law is illegal.

There is a strong case to be made for the fact that the President has a constitutional duty - via his oath to preserve and defend the Constitution - to not enforce laws he believes to be unconstitutional. It's murky to be sure but Obama wouldn't be the first president to do so.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Maybe, maybe not.

Well Kobie My vacation is coming to end, I will be posting Much less very very soon. I know you will be heartbroken.

:2dance::monkey Happy days for you no doubt.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I'm not a legal scholar...

I can tell that you are not a legal scholar.



You're so observant :lol:
 
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Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

There is a strong case to be made for the fact that the President has a constitutional duty - via his oath to preserve and defend the Constitution - to not enforce laws he believes to be unconstitutional. It's murky to be sure but Obama wouldn't be the first president to do so.

It isn't the least bit 'murky.' You disobey the law, you face the music whether the law is legal or not. Only Obama won't face the music because people are going to walk on eggshells until he is out of office.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Did my saying so give it away?
Well you did spell scholar wrong that was the first clue i am sure.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Did my saying so give it away?

Actually, I had it long before you said so. But that's just me. XXXOOO
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

He does not have any executive rights to break the laws that he signed into law.
Or any other laws...... But heck he breaks those also guess i should not be surprised.
See post 67.

Why do so many people listed or read things in the media, and believe what they say?

I do my own research. I suggest you all do to.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Well you did spell scholar wrong that was the first clue i am sure.
In my defense the spell-check didn't know how to spell it either :2wave:
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

There is a strong case to be made for the fact that the President has a constitutional duty - via his oath to preserve and defend the Constitution - to not enforce laws he believes to be unconstitutional. It's murky to be sure but Obama wouldn't be the first president to do so.

And in the constitution, it spells out he is the executor of law...
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Well Kobie My vacation is coming to end, I will be posting Much less very very soon. I know you will be heartbroken.

:2dance::monkey Happy days for you no doubt.

I could not care less.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

It isn't the least bit 'murky.' You disobey the law, you face the music whether the law is legal or not. Only Obama won't face the music because people are going to walk on eggshells until he is out of office.


The President may well have a legal obligation to not enforce laws that he deems unconstitutional. Obama's predecessor pretty vocally disregarded laws he felt were unconstitutional.

You might find this an interesting read on the subject http://georgetownlawjournal.org/files/pdf/96-5/Prakash.PDF..


And lets get real here. There's a notification requirement. Congress doesn't have to sign off on the prisoner exchange. We've been doing prisoner exchanges with the enemy since the Revolutionary War. If Obama violated the law - and if the law is Constitutional - he's guilty of a parking offense nothing more.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

The President may well have a legal obligation to not enforce laws that he deems unconstitutional. Obama's predecessor pretty vocally disregarded laws he felt were unconstitutional.

You might find this an interesting read on the subject http://georgetownlawjournal.org/files/pdf/96-5/Prakash.PDF..


And lets get real here. There's a notification requirement. Congress doesn't have to sign off on the prisoner exchange. We've been doing prisoner exchanges with the enemy since the Revolutionary War. If Obama violated the law - and if the law is Constitutional - he's guilty of a parking offense nothing more.

A president has the power to sign a bill into law or veto it. If he found something unconstitutional about the bill at the time, he had every right to veto it. However, he does not have the right to cherry pick what laws he will follow and what laws he won't once they become law.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

A president has the power to sign a bill into law or veto it. If he found something unconstitutional about the bill at the time, he had every right to veto it.

Yes, but as executor of law, he has the option to implement parts at his discretion. Especially if he points out in a signing statement what he opposes.
 
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