The president doesn’t have authority to set penalties for murder in the various states.
Of course, if the perp doesn’t survive the arrest procedure, the point is moot.
Probably true, though some of the mechanisms proposed to pay for the fall would be unconstitutional (targeted prohibitions on remittances of Mexicans in the US, for example)
I don’t think it makes sense to say that if no one has standing then the Constitution has not been violated.
And I’m also not persuaded that Kerry v. Din means no one could have standing. Kennedy discusses Kleindienst v. Mandel, 408 U.S. 753 (1972), at length in that opinion, and Kleindienst would support a challenge to Trump’s policy.
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I thought putting this in a separate thread focused on discussing, you know, laws, would have been a sufficient trigger warning for you, 'luci.
This is true to an extent of all politicians and it’s a big mistake to pay too much attention to the details of the various proposals they make when running for office.
Of course, Trump is in a league of his own. In some ways Trump is a non-politician running for office, but in terms of campaign BS, he is the ultimate politician, like an ordinary politician but magnified exponentially.
Smooth thy ruffled feathers, legal eagle. I simply assume you’ve made a cogent and incisive point, and move along.
I’m curious if you gave Obama a pass for saying he visited 57 states?
I’m sure the anti-Muslim laws would be written regarding country of origin and not religion. Those I believe are constitutional.
Possibly that would be constitutional. But the ACLU is commenting on the constitutionality of what Trump said, not about the very different thing that you’re “sure” he would do.
Well if he says he’s going to write ANY laws as President I’m pretty sure that violates Article I Section 1.
He hasn’t said that, though, has he?
What he has said is that he favours a “total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” Nothing about “people whose country of origin is a Muslim-majority country”; just “Muslims”. And that’s what the ACLU is commenting on.
Obviously, an entry ban based on country of origin, other objections aside, would fall far short of “a total and complete ban on Muslims”, so your sureness about what he would attempt, if elected, is clearly not based on what he himself has said. I take it for granted, of course, that Trump may abandon any or all of his campaign positions and nobody will be in the least surprised by that, but when somebody claims to be “sure” what he will do instead, my scepticism is aroused. If Trump is anything, he’s unpredictable.
The difference is that no-one really believes that Obama doesn’t know the number of states in the US. However it’s entirely plausible that Trump doesn’t know the difference between constitutional articles and amendments, how many there are of each, and what they’re about, or why they’re important. As this very thread is about, 90%+ of his proposed policies are unconstitutional in some way or other.
Anything is Constitutional if you get five Supreme Court Justices to say it is. If Trump gets the right justices on there, those policies will be.
Any President’s ability to change the court is going to take time and involve its own obstacles (Senate filibuster in particular) but in general I agree: constitutional is what courts say is constitutional.
But mainly it seems to me that list and its constitutionality are in gray area even assuming only one Trump nominee to the USSC (replacing the Garland nomination) and it’s somebody mainstream. It also depends which particular iteration of Trump’s statements you are using. For example on ‘Muslim ban’ as of a news item I saw today or yesterday he’s restated that as ‘extreme vetting’, not a religious test. And as others have mentioned it’s anyway only the ACLU’s opinion that the 1st amendment would prohibit a religious test on immigration applied to non-US nationals outside the US. It’s not a clear fact.
The other ones are even more obscure. The basic fact the OP is missing is that a populist like Trump is appealing to a gut feeling, not a set of policy prescriptions. Some people who support him live in a fantasy world imagining he’d just be able to do whatever he says. But AFAIK a lot of people realize he’s pretty full of it, but think the bipartisan political status quo and ‘establishment’ of which HRC is a prototypical representative, you can say positive things about her but you can’t deny that, is more full of it. They want a bull in the china shop. They also think ‘you can’t say that’ wrt to a lot of the things Trump says likely to be excoriated on a forum like this has gone too far and become destructive.
Is that feeling and those voters enough to elect Trump? I have no special expertise to say the betting or poll analysis odds (which say Trump=underdog) are wrong. But if he does win it’s not really going to be because most of the people voting for him really think he can do whatever he wants or expect him to try. Whether he’d derail his presidency trying to is psychoanalysis at a distance which is very hard to do, although it’s fair to refuse to vote for him if you think he might be completely serious about everything he says.
You mean there are MORE ketchup flavors than there are states? How did that happen?
“The Constah-tooshun is for loosahs!”
How is it, again, that the GOP got themselves into such disarray that they enabled a Cheetos-colored gibbon to take over their nomination for presidential candidate? Oh, right…they’ve been setting the stage for exactly this kind of wide-ranging yet ill-defined abandonment of Constitutional legislation for over twenty years but like a pimply-faced teen boy on a second date, can’t figure out how to undo the latch on the bra, whereas Trump is a full-on serial date rapist when it comes to Constitutionality of proposed laws and executive actions and is already planning how he is going to drive out on an abandoned country road and give the “Put out or get out!” challenge to America.
Stranger
I’m not sure if this is unconstitutional or not… at least what I heard of it.
That said… what I heard (and can’t find the link to it at the the moment, so maybe I heard it wrong ) was that Trump said today that wanted Congress to pass a law that would let him fire any (every?) Federal Employee hired under the last two Obama administrations without cause.
Maybe its reaching… but that almost seemed like he wanted the power to comb through the entire Federal Government and fire any Federal Employee whose private politics he doesn’t like.
This to me sounded frightening… like McCarthyism-On-Steroids… where instead of Communists, he wants investigators trying to root out all people who privately hold views that more closely align to The Democratic Party than his party.
What is even scarier is that… I’m not sure that if he tried it… that it would be unconstitutional…
Cleaning house from the last administration is nothing unusual. He’s just being vocal about it.
It also sounds like he wants to go deeper. Usually, it’s just recent high level officials.
^ This.
Also, just heard this morning being discussed on CNN… he wants to pick and choose if or when he’ll defend other members of NATO??? A panelist/expert on CNN just described this as “ripping up the NATO treaty”
and turning our back on allies whom we’ve stood with (and who have stood with us) for more than 65 years?
I know that in the US the Senate has to ratify International Treaties. Is it constitutional for presidents to break them on a whim just because that day they woke up with a hemorrhoid?
I could go off on a tangent of why I feel Wall Street board-room back-stabbing Slime are NEVER fit for leadership positions fostering international allies and International good will while maintaining
the integrity and reputation of America, but I just don’t think its the purpose of this thread (and I’m looking forward to people with better words than mine to point this out in other threads elsewhere).