johnwk
08-04-2018, 12:55 PM
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See Judge rules DACA program should restart, blocks Trump Administration plan for elimination (https://www.usatoday.com/story/news/politics/2018/08/03/daca-program-protecting-immigrants-should-restart-federal-judge-rules/904083002/)
”In a blistering 25-page opinion, U.S. District Judge John Bates for District of Columbia said that the Trump administration did not justify its decision to eliminate the Deferred Action for Childhood Arrivals program, also known as DACA.
Bates said the Department of Homeland Security, which runs the program, failed to "elaborate meaningfully on the agency’s primary rationale for its decision" and called the policy "unlawful and unconstitutional." For the written opinion CLICK HERE (http://cdn.cnn.com/cnn/2018/images/08/03/opinion.daca.pdf)
Keep in mind that in 2012, President Barack Hussein Obama created the DACA program by executive orders and without Congressional Approval. Nowhere in our Constitution has the President of the United States been granted authority to exercise such power. And to allow a president to exercise such power, which is exactly what Judge Bates is doing, is to defy and ignore our Constitution’s guarantee to a “Republican Form of Government” in which the people’s representative sent to Congress have exclusive legislative powers ___ see Article 1, Section 1 of our Constitution:
”All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
The Judge’s argument that the Trump Administration has failed to "elaborate meaningfully on the agency’s primary rationale for its decision" ending DACA, is not within a judges assigned duties.
To allow judges and Justices to evaluate the wisdom or rationality of duly enacted policy established by Executive or Congressional authority, and strike such decisions down because a rational explanation has not been presented to the Court which it finds agreeable, is to usurp policy making authority vested in these two branches of government [Executive and Legislative] and alter our very system of government and its intentional separation of powers.
In fact, our very own Supreme Court confirmed with regard to the power over policy making decisions “…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. ___ ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)
The Trump Administration, in ending the DACA program ___ created by Executive Orders under the Obama Administration and without Constitutional or Congressional approval ___ is in fact restoring the integrity of our constitutionally limited system of Government, its separation powers, and is the rational explanation which Judge Bates apparently disagrees with. In his world, he believe himself to be clothed with power to second guess the wisdom of abiding by our written Constitution and its separation of powers.
JWK
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47
See Judge rules DACA program should restart, blocks Trump Administration plan for elimination (https://www.usatoday.com/story/news/politics/2018/08/03/daca-program-protecting-immigrants-should-restart-federal-judge-rules/904083002/)
”In a blistering 25-page opinion, U.S. District Judge John Bates for District of Columbia said that the Trump administration did not justify its decision to eliminate the Deferred Action for Childhood Arrivals program, also known as DACA.
Bates said the Department of Homeland Security, which runs the program, failed to "elaborate meaningfully on the agency’s primary rationale for its decision" and called the policy "unlawful and unconstitutional." For the written opinion CLICK HERE (http://cdn.cnn.com/cnn/2018/images/08/03/opinion.daca.pdf)
Keep in mind that in 2012, President Barack Hussein Obama created the DACA program by executive orders and without Congressional Approval. Nowhere in our Constitution has the President of the United States been granted authority to exercise such power. And to allow a president to exercise such power, which is exactly what Judge Bates is doing, is to defy and ignore our Constitution’s guarantee to a “Republican Form of Government” in which the people’s representative sent to Congress have exclusive legislative powers ___ see Article 1, Section 1 of our Constitution:
”All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
The Judge’s argument that the Trump Administration has failed to "elaborate meaningfully on the agency’s primary rationale for its decision" ending DACA, is not within a judges assigned duties.
To allow judges and Justices to evaluate the wisdom or rationality of duly enacted policy established by Executive or Congressional authority, and strike such decisions down because a rational explanation has not been presented to the Court which it finds agreeable, is to usurp policy making authority vested in these two branches of government [Executive and Legislative] and alter our very system of government and its intentional separation of powers.
In fact, our very own Supreme Court confirmed with regard to the power over policy making decisions “…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. ___ ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)
The Trump Administration, in ending the DACA program ___ created by Executive Orders under the Obama Administration and without Constitutional or Congressional approval ___ is in fact restoring the integrity of our constitutionally limited system of Government, its separation powers, and is the rational explanation which Judge Bates apparently disagrees with. In his world, he believe himself to be clothed with power to second guess the wisdom of abiding by our written Constitution and its separation of powers.
JWK
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47