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The Constitution & The Judicial Branch Discuss Second federal judge blocks move to end DACA at the Political Forums; The judge said that the decision to end the program was based in part on the "plainly incorrect factual premise" ...

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Old 02-13-2018, 07:51 PM
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Default Second federal judge blocks move to end DACA

The judge said that the decision to end the program was based in part on the "plainly incorrect factual premise" that the program was illegal. and granted the request for a nationwide injunction.


https://www.cnn.com/2018/02/13/polit...aca/index.html


http://cdn.cnn.com/cnn/2018/images/02/13/orderdaca.pdf




The best part is that tRUmps own racist comments get used against him.

Quote:
Judge brought up "Norway" comments

In fiery oral arguments last month, Garaufis gave a blistering critique of what he called the President's "recurring, redundant drumbeat of anti-Latino commentary."

"It's not just an ad hoc comment that was overheard on an open mic," the judge said. "It's not just that somebody at INS said something derogatory about Mexicans. This came from the top."

Garaufis was responding to a question regarding Trump's comments in a closed-door meeting with senators in which the President asked why people from Haiti and more Africans were wanted in the US and added that the US should get more people from countries like Norway.
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Old 02-13-2018, 09:59 PM
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Default re: Second federal judge blocks move to end DACA

DACA is illegal.
According to our constitution, congress writes the law, not the President. DACA was law written by President Obama, not congress. All President Trump did was to roll back the unconstitutional actions of President Obama and ask congress to write the law as per our constitution.
To bad no federal judges had the intestinal fortitude to stop President Obama from writing law with his presidency and circumventing our constitution.
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Old 02-13-2018, 11:01 PM
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Default re: Second federal judge blocks move to end DACA

Quote:
Originally Posted by Bat View Post
DACA is illegal.
According to our constitution, congress writes the law, not the President. DACA was law written by President Obama, not congress. All President Trump did was to roll back the unconstitutional actions of President Obama and ask congress to write the law as per our constitution.
To bad no federal judges had the intestinal fortitude to stop President Obama from writing law with his presidency and circumventing our constitution.
Agreed. And just as the judges once ordered Trumps lawful immigration ban was overruled by a higher courts, so will this nonsense.

Although judges can enforce temporary stays and injunctions, those have time limits and must come to judgment. Judges cannot rule the law. They must rule within the law.

Obama's edict had a sunset date. It is both sad and odd that any judge would so over step their authority and trust of the people, that they would ignore the unconstitutional implementation of a so-called Constitutional professor now President's rule by decree. And yet not a common man of the people President who followed the Constitution by failing to extend that unlawful decree. And insisting it be placed before the proper body, the Congress, to be legislated from representatives of the people.

Constitutionally, no other branch of our government can do that. Not the executive, not the Judicial, only the Congress.

The President is supposed to enforce our laws. This judge is saying, he cannot do that with illegal aliens. On what grounds?

This is an obstruction, a dam made of stenographer paper. It will dissolve in the first wave of honest jurisprudence.
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Old 02-14-2018, 03:03 AM
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Default re: Second federal judge blocks move to end DACA

Quote:
Originally Posted by Bat View Post
DACA is illegal.
According to our constitution, congress writes the law, not the President. DACA was law written by President Obama, not congress. All President Trump did was to roll back the unconstitutional actions of President Obama and ask congress to write the law as per our constitution.
To bad no federal judges had the intestinal fortitude to stop President Obama from writing law with his presidency and circumventing our constitution.
DACA has been successfully defended as legal and constitutional. Reference these links to judgments:

https://t.co/YiXFs2c7ug

https://t.co/wAdTqKCcmz
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Old 02-14-2018, 09:11 AM
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Default re: Second federal judge blocks move to end DACA

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Originally Posted by RedState View Post
DACA has been successfully defended as legal and constitutional. Reference these links to judgments:

https://t.co/YiXFs2c7ug

https://t.co/wAdTqKCcmz
If it's legal and Constitutional to create DACA by EO, which is doubtful, then it's legal and Constitutional to uncreate DACA by EO.

This judge did what Comey did. He created a new law to fit the agenda. Comey with his gross negligence by intent, and the judge with the must have a valid in the eyes of a judge reason or two to exercise executive power.

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Old 02-14-2018, 09:33 AM
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Default re: Second federal judge blocks move to end DACA

So-called Constitutional scholar Barack Obama announced in over 20 speeches he could not solve the problem of giving illegal aliens citizenship by EO before giving the dreamers de facto amnesty by decree. Keep in mind this was after the dream act failed in Congress.

To our post Constitutional Federal judiciary nothing is legal unless it conforms to what the judge thinks the law ought to be. One President may not undo the imperial decree of another on a judge's whim.
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Old 02-14-2018, 10:38 AM
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Default re: Second federal judge blocks move to end DACA

Quote:
Originally Posted by RedState View Post
DACA has been successfully defended as legal and constitutional. Reference these links to judgments:

https://t.co/YiXFs2c7ug

https://t.co/wAdTqKCcmz
Did you bother to read those cases?

Neither was dismissed on grounds of Constitutionality. Both were dismissed by the Court decision that the plaintiffs did not meet the requirements of having "Standing."

redressability rest on speculation beyond that permitted by our
standing decisions, we affirm the district court’s dismissal of
the complaint for want of Article III standing.


Mississippi asserted that the cost to the state in providing support services to DACA beneficiaries is an adequate injury to support standing. The district court held that Mississippi’s allegation of a fiscal burden was too speculative because the only support the state provided for this burden was a 2006 report which estimated the annual cost of immigration six years before
the DACA program was instituted. Mississippi produced no studies or other evidence tending to establish that the DACA program would add to the state’s already existing costs.
Next, the district court proceeded with the Agents


The Question of being "CONSTITUTIONAL" was therefore never addressed.

Again, swing and a miss. But thanks for playing.
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Old 02-14-2018, 11:16 AM
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Post Re: Second federal judge blocks move to end DACA

[moderator mode]
Made thread title to match article title
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Old 02-14-2018, 02:14 PM
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Default Re: Second federal judge blocks move to end DACA

Quote:
Originally Posted by jimbo View Post
If it's legal and Constitutional to create DACA by EO, which is doubtful, then it's legal and Constitutional to uncreate DACA by EO.

This judge did what Comey did. He created a new law to fit the agenda. Comey with his gross negligence by intent, and the judge with the must have a valid in the eyes of a judge reason or two to exercise executive power.

The swamp is much larger than previously thought, and deeper. But it can be drained.
Its always the same with you guys. When a court rules something you disagree the judges are always biased activist judges. It gets old.

Furthermore, from what I can tell by reading the decision, this legal challenge isn't about the legality of DACA.

It's whether the tRUmp administration violated the Administrative Processes Act when they repealed DACA.

When you go through a process to put a new Regulation in place, you have to go through the same process to undo it.

These Hamburglars didn't.
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Old 02-14-2018, 03:22 PM
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Default Re: Second federal judge blocks move to end DACA

Quote:
Originally Posted by RedState View Post
Its always the same with you guys. When a court rules something you disagree the judges are always biased activist judges. It gets old.

Furthermore, from what I can tell by reading the decision, this legal challenge isn't about the legality of DACA.

It's whether the tRUmp administration violated the Administrative Processes Act when they repealed DACA.

When you go through a process to put a new Regulation in place, you have to go through the same process to undo it.

These Hamburglars didn't.
Need I remind you that you are the one that posted that the courts ruled it Constitutional:

Quote:
DACA has been successfully defended as legal and constitutional. Reference these links to judgments:
You seem to be arguing with yourself.
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