S.C. will hand down its opinion in Trump v. Barbara tomorrow, some fundamental questions are:

[Rawley]

I expect them to punt the ball in deciding the political issue by saying its up to Congress to decide, not the POTUS.

It's how the words in the Constitution are interpreted, I can't see how they can punt - that's their job.

 

[Dekster]

The very reason for elections is to set new policy. Remember Biden's open border policy? Yes, Congress has authority to overrule Trump's policy, but not our S.C. if it does not violate constitutional provisions.

Yet they do it quite regularly

 

[johnwk]

Thats interesting. Under this analysis, what if Congress doesn't do anything?

Then Trump's E.O. stays in effect by default.

 

[Dekster]

Thats interesting. Under this analysis, what if Congress doesn't do anything?

Then the Trump order is void and the question remains unanswered. Immigration issues often get sent back to Congress to decide by SCOTUS over the decades.

 

[Dante]

It will probably get shot down. Although, the Founding Fathers would agree with Trump
IMO.

So Trump understands the Constitution better than all the Supreme Court justices in the history of the USA?

 

[Care4all]

I see the court allowing the executive to decide the conditions as an overstep of the executive.

Congress can address the meaning of "under the juristiction thereof"

It's already been addressed, hasn't it... in the Elk vs. Wilkins and Wong Kim Ark cases?

 

[johnwk]

Yet they do it quite regularly

And should, if the policy violates the terms and conditions set forth in our Constitution.

 

[johnwk]

So Trump understands the Constitution better than all the Supreme Court justices in the history of the USA?

What S.C. case are you referring to in which Trump understands the Constitution better than all the Supreme Court justices in the history of the USA?

 

[Dante]

What S.C. case are you referring to in which Trump understands the Constitution better than all the Supreme Court justices in the history of the USA?

What world are you living in?

Do you even know what it is you are responding to?

...the Founding Fathers would agree with Trump
IMO...

So Trump understands the Constitution better than all the Supreme Court justices in the history of the USA?

What S.C. case are you referring to in which Trump understands the Constitution better than all the Supreme Court justices in the history of the USA?

Will you please just

 

[johnwk]

Then the Trump order is void and the question remains unanswered. Immigration issues often get sent back to Congress to decide by SCOTUS over the decades.

Why is Trump's E.O. which changes existing federal policy, void?

 

[Dekster]

Why is Trump's E.O. which changes existing federal policy, void?

It isn't today. I suspect it will be tomorrow.

 

[Zincwarrior]

Why is Trump's E.O. which changes existing federal policy, void?

Because it is not a law. If it were punted back to Congress, it would be the purview of Congress to pass legislation. The executive cannot pass legislation.

 

[martybegan]

It's already been addressed, hasn't it... in the Elk vs. Wilkins and Wong Kim Ark cases?

Different situations, and one was a law excluding specifically Chinese who had come here legally under the terms of law before the exclusion act was passed.

 

[Care4all]

Then Trump's E.O. stays in effect by default.

Nope. If congress does nothing to define 'subject to the jurisdiction there of', to support Trump's E/O proposal under a law which they created and passed, then the E/O is null and void. Presidents don't make laws in our country.

 

[johnwk]

Because it is not a law. If it were punted back to Congress, it would be the purview of Congress to pass legislation. The executive cannot pass legislation.

The President's E.O. is changing existing policy, not law. There is no law to be cited which bestows the priceless privilege of U.S. natural born citizenship upon the offspring of illegal entrant foreign nationals or temporary visa holders.

 

[Care4all]

Different situations, and one was a law excluding specifically Chinese who had come here legally under the terms of law before the exclusion act was passed.

Jurisdiction was addressed....?

Jurisdiction thereof means having the legal power, authority, or right to exercise official control and apply the law within a specific territory, over a specific group of people, or regarding a particular subject matter.

 

[johnwk]

Nope. If congress does nothing to define 'subject to the jurisdiction there of', to support Trump's E/O proposal under a law which they created and passed, then the E/O is null and void. Presidents don't make laws in our country.

There is no law to be cited which bestows the priceless privilege of U.S. natural born citizenship upon the offspring of illegal entrant foreign nationals or temporary visa holders. Unwritten policy, not law, now recognizes the citizenship in question.

 

[Dekster]

The President's E.O. is changing existing policy, not law. There is no law to be cited which bestows the priceless privilege of U.S. natural born citizenship upon the offspring of illegal entrant foreign nationals or temporary visa holders.

The Constitution says "and subject to the jurisdiction thereof". Traditionally it is the congress that defines legal jurisdiction based on how they craft laws, particularly when it comes to definitions for the terms they use.

 

[Zincwarrior]

The Constitution says "and subject to the jurisdiction thereof". Traditionally it is the congress that defines legal jurisdiction based on how they craft laws, particularly when it comes to definitions for the terms they use.

We shall see what SCOTUS does tomorrow. It will be interesting.

 

[johnwk]

The Constitution says "and subject to the jurisdiction thereof". Traditionally it is the congress that defines legal jurisdiction based on how they craft laws, particularly when it comes to definitions for the terms they use.

So, when did Congress define "and subject to the jurisdiction thereof " as granting natural born citizenship to the offspring of illegal entrant foreign nationals born on American soil, or temporary visa holders? The fact is, existing unwritten policy, and only policy, now recognizes the citizenship in question.

Fact: A President has power to change current policy. The very purpose of our elections is to allow for change to existing policy!