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How Do These Presedential Executive Powers Work?
31 Answers
Leaving aside the subject matter why are the US courts able to overturn the Presidents executive orders? I mean either he has the power or he does not, so how does it work? I have googled but I cannot find an explanation. Thanks.
Answers
Exactly Khandro, which is why it IS a ban on Muslims, which NJ has finally accepted.
There was a British woman interviewed this week on the Today Program, an eminent Cardiologist, who had her Visa revoked at the Airport, merely because, despite having a British passport. She did, however, have an Arabic name.
Its for these kind of reasons that the Courts have decided to put the kibosh on Trumps ban on Muslims. His ban just didn't make sense.
There was a British woman interviewed this week on the Today Program, an eminent Cardiologist, who had her Visa revoked at the Airport, merely because, despite having a British passport. She did, however, have an Arabic name.
Its for these kind of reasons that the Courts have decided to put the kibosh on Trumps ban on Muslims. His ban just didn't make sense.
"As far as I'm aware, Christians from those 7 countries are not banned, is that correct?"
No that is not correct. All people holding citizenship of the seven countries concerned (and ll refugees from Syria) are effected by the (now suspended) order. Read the text of the order. Here it is (again) but this version is annotated with comments from NPR (National Public Radio) journalists:
http://
I've read the text a number of times and it says absolutely nothing about any religion. The fact is that citizens of those countries are almost exclusively Muslim but the (very) few people of other religions who hold citizenship of those countries are similarly effected.
"...which NJ has finally accepted."
I have never disputed that it is first and foremost a ban on Muslims. What I did say - and still say - is that the Executive Order does not mention religion and does not mention people with "arabic-sounding names". It has been called a "Muslim ban". It is not. The order does not relate solely to Muslims but because of its scope it is almost exclusively Muslims that are its target.
No that is not correct. All people holding citizenship of the seven countries concerned (and ll refugees from Syria) are effected by the (now suspended) order. Read the text of the order. Here it is (again) but this version is annotated with comments from NPR (National Public Radio) journalists:
http://
I've read the text a number of times and it says absolutely nothing about any religion. The fact is that citizens of those countries are almost exclusively Muslim but the (very) few people of other religions who hold citizenship of those countries are similarly effected.
"...which NJ has finally accepted."
I have never disputed that it is first and foremost a ban on Muslims. What I did say - and still say - is that the Executive Order does not mention religion and does not mention people with "arabic-sounding names". It has been called a "Muslim ban". It is not. The order does not relate solely to Muslims but because of its scope it is almost exclusively Muslims that are its target.
Then read it again, NJ. Section 5 (b) states clearly that: ".... the Secretary of State ... is further directed ... to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality." (My italics)
Section 5(e), further, states "..., the Secretaries of State and Homeland Security may ... admit individuals to the United States as refugees ... but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution."
The countries in question are majority-Muslim. Ergo, those who are Muslims in that country are affected [not effected] by this order more so than non-Muslims.
Section 5(e), further, states "..., the Secretaries of State and Homeland Security may ... admit individuals to the United States as refugees ... but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution."
The countries in question are majority-Muslim. Ergo, those who are Muslims in that country are affected [not effected] by this order more so than non-Muslims.
The problem is Trump thinks running the USA is just like running his own company where his word is 'Law!!' . He just does not realise he can't give orders that are illegal or unconstitutional.
As has been said, he can not for example, ban elections or change the voting age he can't take away the right of women to vote or hold office.
His next step will probably be to dismiss the judges that are responsible for overturning his decisions, but he is going to find he can't do that either!
He will not listen to his advisers , or at least those who are determined to tell him the truth rather than what he wants to hear!
As has been said, he can not for example, ban elections or change the voting age he can't take away the right of women to vote or hold office.
His next step will probably be to dismiss the judges that are responsible for overturning his decisions, but he is going to find he can't do that either!
He will not listen to his advisers , or at least those who are determined to tell him the truth rather than what he wants to hear!
-- answer removed --
It's speculation what advice Trump has been given, but he does rather come across as someone who isn't used to disagreement or criticism. Any time he is criticised he lashes out angrily -- that's worrying in itself, but anyway it's probably a relic of running a business with total control.
It might have been for dramatic effect, but in introducing the Apprentice TV show, he did talk about how "this is a dictatorship -- I'm the dictator". Even if he meant that a tiny bit, it's still a troubling attitude. Presidents should lead, but they also need to accept unfriendly advice, criticism, and just the general slow progress thing that the US system is particularly designed to implement. Trump has to adapt to the system -- not the other way round. Time alone will tell if he is capable of that, but he isn't doing a good job so far.
It might have been for dramatic effect, but in introducing the Apprentice TV show, he did talk about how "this is a dictatorship -- I'm the dictator". Even if he meant that a tiny bit, it's still a troubling attitude. Presidents should lead, but they also need to accept unfriendly advice, criticism, and just the general slow progress thing that the US system is particularly designed to implement. Trump has to adapt to the system -- not the other way round. Time alone will tell if he is capable of that, but he isn't doing a good job so far.
“Then read it again, NJ. Section 5 (b) states…”
I did. Section 5 of the President's edict is about the country's refugee policy, jim. This is nothing to do specifically with the seven pariah states. Khandro’s question (to which my answer related) said this:
“As far as I'm aware, Christians from those 7 countries are not banned, is that correct?”
Section 3 relates to the “countries of particular concern” (i.e. the seven states). That section makes no mention of exemptions for people of minority religions. It makes exceptions for diplomats and the like. It also says that “…the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.” But again no mention of specific exceptions for minority religions (i.e. non-Muslims).
So I’ll say again (and then I’m off to bed) that I have (and never have had) any doubt what the President has in mind in relation to the seven nations. But his Order does not say that it relates specifically to Muslims. As it reads people of any religion with citizenship of those states are equally effected.
I did. Section 5 of the President's edict is about the country's refugee policy, jim. This is nothing to do specifically with the seven pariah states. Khandro’s question (to which my answer related) said this:
“As far as I'm aware, Christians from those 7 countries are not banned, is that correct?”
Section 3 relates to the “countries of particular concern” (i.e. the seven states). That section makes no mention of exemptions for people of minority religions. It makes exceptions for diplomats and the like. It also says that “…the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.” But again no mention of specific exceptions for minority religions (i.e. non-Muslims).
So I’ll say again (and then I’m off to bed) that I have (and never have had) any doubt what the President has in mind in relation to the seven nations. But his Order does not say that it relates specifically to Muslims. As it reads people of any religion with citizenship of those states are equally effected.
It's not just a question of the constitution. The President is responsible for enforcing US law - but he does not decide what that law is. He can use his contacts and influence to try and get law proposed, sure, but congress runs the show on legislation, which the president is responsible for executing. So courts can overturn his orders if they are in violation of the US constitution OR US law as it stands.
I see that overnight Trump has continued to rubbish the Judge, on Twitter !
If you had told me that a future POTUS would be running his administration by social media, in this childish fashion, I wouldn't have believed you !
Alas, there is very little that this tiresome man will do, that will surprise anybody anymore.
If you had told me that a future POTUS would be running his administration by social media, in this childish fashion, I wouldn't have believed you !
Alas, there is very little that this tiresome man will do, that will surprise anybody anymore.
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