05-02-2017, 09:24
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#2116
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Remoaner
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Re: U.S President: Donald Trump
Huh. I always thought there were many courts and appeals before they got to the Supreme Court.
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05-02-2017, 09:28
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#2117
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The Dark Satanic Mills
Join Date: Dec 2003
Location: floating in the ether
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Re: U.S President: Donald Trump
Quote:
Originally Posted by martyh
No that's the ruling by the appeal court ,the only avenue open for trump now is through the supreme court
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No, they have just refused to unilaterally lift the ban at the request of the administration without a hearing.
You're knowledge of the system is truly breathtaking
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The wheel's still turning but the hamsters dead.
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05-02-2017, 09:42
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#2118
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Bah Humbug!!
Join Date: Feb 2004
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Re: U.S President: Donald Trump
I really can't stand Trump.
Been reading his tweets from the last few days and he really does behave like a stroppy teenager when things don't go his way. I also can't believe that as POTUS he is still allowed to send his own tweets without advice first, as some of the tweets are very dodgy.
Sooner they get something they can impeach him on the better I say.
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05-02-2017, 12:09
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#2119
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laeva recumbens anguis
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Pierre
No, they have just refused to unilaterally lift the ban at the request of the administration without a hearing.
You're knowledge of the system is truly breathtaking
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Which is understandable in a Brit, but not in the President of the USA, who appears to have forgotten what he was taught in 8th Grade Civics classes about the Constitution, and the Judiciary's role in it...
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Last edited by Hugh; 05-02-2017 at 12:13.
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05-02-2017, 12:43
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#2120
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cf.mega poster
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Hugh
Which is understandable in a Brit, but not in the President of the USA, who appears to have forgotten what he was taught in 8th Grade Civics classes about the Constitution, and the Judiciary's role in it...
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You mean the bit in the law where he IS allowed to impose a ban?
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05-02-2017, 12:55
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#2121
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Remoaner
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Join Date: Mar 2004
Posts: 32,282
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Re: U.S President: Donald Trump
Quote:
Originally Posted by nomadking
You mean the bit in the law where he IS allowed to impose a ban?
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That's disputed. Hence the court stopping it for now.
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05-02-2017, 12:59
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#2122
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vox populi vox dei
Join Date: Mar 2007
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Damien
That's disputed. Hence the court stopping it for now.
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so he can't stop people from certain countries entering the USA but he has the codes to nuke those countries wonder what his next step will be
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05-02-2017, 13:02
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#2123
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Cable Forum Team
Join Date: Jun 2003
Posts: 15,105
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Hugh
Which is understandable in a Brit, but not in the President of the USA, who appears to have forgotten what he was taught in 8th Grade Civics classes about the Constitution, and the Judiciary's role in it...
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Arm chair lawyer talk.
The Acting Solicitor general acting for Trump, argues The Presidents Authority is largely immune to judiciary control when it comes to who can enter the US.
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05-02-2017, 13:06
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#2124
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cf.mega poster
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Damien
That's disputed. Hence the court stopping it for now.
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Nothing to dispute. The LAW EXPLICITLY says he can impose a ban.
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05-02-2017, 13:08
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#2125
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Remoaner
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Join Date: Mar 2004
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Re: U.S President: Donald Trump
Quote:
Originally Posted by nomadking
Nothing to dispute. The LAW EXPLICITLY says he can impose a ban.
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Well unfortunately the judge doesn't have your knowledge of US law so for now it's been stopped.
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05-02-2017, 13:25
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#2126
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cf.mega poster
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Damien
Well unfortunately the judge doesn't have your knowledge of US law so for now it's been stopped.
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Quote:
In his order, Mr Trump quotes a 1952 immigration law that gives the president the ability to suspend entry "of all aliens or any class of aliens" into the US when he deems it "detrimental to the interests of the United States."
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So that applies to GROUPS, whereas the nonsense for the appeals only applies to INDIVIDUALS.
Quote:
A 1965 revision of the law, however, says individuals cannot be "discriminated against in the issuance of an immigrant visa" because of their "race, sex, nationality, place of birth or place of residence".
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So he CAN ban people from certain countries, but he CAN'T ban an INDIVIDUAL on those listed criteria.
ANY ban of whatever sort is inevitably going to impact one group more another. Either the 1952 law exists or it doesn't. Otherwise on what basis could there ever be for the 1952 law? The 1952 LAW DOES EXIST therefore he is allowed to impose a ban.
Even the European Convention on Human Rights would allow a ban. That is supposedly held up a beacon of "Rights". It is classed as an administrative issue and NOT subject to the "right to a fair hearing".
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05-02-2017, 14:12
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#2127
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cf.mega poster
Join Date: Dec 2013
Posts: 14,343
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Hugh
Which is understandable in a Brit, but not in the President of the USA, who appears to have forgotten what he was taught in 8th Grade Civics classes about the Constitution, and the Judiciary's role in it...
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lol
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05-02-2017, 14:33
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#2128
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Guest
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Re: U.S President: Donald Trump
Quote:
Originally Posted by Damien
Huh. I always thought there were many courts and appeals before they got to the Supreme Court.
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Don't know but according to this after the decision is made on 21st feb then Trump can ask the supreme court for a ruling
Quote:
Justice Department lawyers were preparing to immediately ask the U.S. Court of Appeals for the 9th Circuit to dissolve Robart’s order, but had not filed anything as of Saturday evening. It will go to a panel of judges who consider such emergency requests, and that decision could be crucial.
While the losing side can then request intervention from the Supreme Court, it would take the votes of five justices to overturn the panel decision. The court has been shorthanded since the death of Justice Antonin Scalia nearly a year ago, and ideologically divided between four liberal and four conservative members.
The issue could reach the high court in days — or weeks
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https://www.washingtonpost.com/polit...=.8062f4f76ec3
---------- Post added at 14:33 ---------- Previous post was at 14:23 ----------
Quote:
Originally Posted by nomadking
So he CAN ban people from certain countries, but he CAN'T ban an INDIVIDUAL on those listed criteria.
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He can't ban someone based on religion which is what he is trying to do ,many top US lawyers are saying he's violating the 1st amendment
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05-02-2017, 15:41
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#2129
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The Invisible Woman
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Re: U.S President: Donald Trump
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05-02-2017, 15:48
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#2130
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cf.mega poster
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Re: U.S President: Donald Trump
Quote:
Originally Posted by martyh
He can't ban someone based on religion which is what he is trying to do ,many top US lawyers are saying he's violating the 1st amendment
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The LAW says he can impose a ban. As the LAW says he CAN, is it possible for anybody to come up with a hypothetical example where everybody could agree it does apply? As other than a complete worldwide, no example exists, then the original LAW stands as it HASN'T been reversed. The Executive Order OVERRIDES any other consideration, which is aimed at non-Executive Order decisions and at INDIVIDUALS, not groups.
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