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National injunction; a bad idea no matter who is President


MorningGlory

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Just now, Churchmouse said:

There is a quote that I love about this from the movie BILLY JACK: "When the law makers become the law breakers, then there is no law, only a fight for survival".  I think we are on the brink of that with all these politicians playing to the protestors and egging them on.

Good quote.

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48 minutes ago, MorningGlory said:

I know that cases need to go through the lower courts first but I am not happy with this whole 'judge shopping' thing.  No matter who is doing it I just don't like it. 

I do not disagree, that is for sure.  But I am not sure there is a fix that does not make things worse.  

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1 hour ago, Out of the Shadows said:

I do not disagree, that is for sure.  But I am not sure there is a fix that does not make things worse.  

Nor am I.  I need to read the Constitution again when I have the time.  Amending that document is a long and arduous process and I'm not even sure what needs to be amended, if anything.  Wow, for once I have to admit I don't have the answer!  :blink:

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21 hours ago, MorningGlory said:

This is a good article on why one federal judge issuing an order that affects the whole country is a really bad idea.  And, as is pointed out here, it is becoming increasingly common.  The past two Presidents were restrained by individual judges as well.  I can't figure out how one judge can issue an order outside his or her district.   None of the EOs of GWB, Obama or Trump are unconstitutional.  I believe it's time to limit the power of federal judges to make or break laws.

https://www.lawfareblog.com/case-against-national-injunctions-no-matter-who-president

Federal Judges cannot make a law. They can only interpret what is law. It is a separation of powers matter that saves the country from judges that would like to rule from the bench. 

 

When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security - big trouble!

— Donald J. Trump (@realDonaldTrump) February 4, 2017

 

 

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3 minutes ago, KittyBubbleFlowers said:

Federal Judges cannot make a law. They can only interpret what is law. It is a separation of powers matter that saves the country from judges that would like to rule from the bench. 

 

When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security - big trouble!

— Donald J. Trump (@realDonaldTrump) February 4, 2017

 

 

I belive her use of the expression " to make or break laws. " meant to uphold or strike down, not to actually make them as Congress does

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6 minutes ago, KittyBubbleFlowers said:

Federal Judges cannot make a law. They can only interpret what is law. It is a separation of powers matter that saves the country from judges that would like to rule from the bench. 

 

When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security - big trouble!

— Donald J. Trump (@realDonaldTrump) February 4, 2017

 

 

Those in each separate branch don't seem to see the separation of powers as they were intended.  

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17 minutes ago, hmbld said:

Those in each separate branch don't seem to see the separation of powers as they were intended.  

It would appear so in matters at least of the Judicial. The supreme court of late is very offensive in that regard. 

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1 minute ago, KittyBubbleFlowers said:

It would appear so in matters at least of the Judicial. The supreme court of late is very offensive in that regard. 

Examples of the Supreme Court being offensive recently?

I'm not saying you're wrong, but would like examples.

 

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Legalizing gay marriage  by legal fiat commanding all 50 states under the auspices of the 14th amendment. 

 

There is No Constitutional Right to Marriage ... Of Any Kind

Tuesday 28 October 2014

 

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

 

Adding: ACLJ Radio broadcast

Edited by KittyBubbleFlowers
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1 minute ago, KittyBubbleFlowers said:

Legalizing gay marriage  by legal fiat commanding all 50 states under the auspices of the 14th amendment. 

 

There is No Constitutional Right to Marriage ... Of Any Kind

Tuesday 28 October 2014

 

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

That's a good example. 

Note: it is hard for me to read your posts because of the font size.

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