Loki wrote:
You want plain language? Here is is; United States Code:
Federal immigration law also includes Section 1182(f), which states:
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate” Read more at:
http://www.nationalreview.com/article/444371/donald-trump-executive-order-ban-entry-seven-muslim-majority-countries-legalWhich part of that do you, and more importantly; the political whores on the Ninth Circuit Court of Appeals not understand?
You want plain language? Here is is; United States... (
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Have you heard of the Administrative Procedure Act?
Agencies are unique governmental bodies, capable of exercising powers characteristic of all three branches of the United States federal government: judicial, legislative and executive. An individual agency typically will possess only the power of the branch that set it up, or possibly powers characteristic of two branches, but the separation of powers doctrine dictates that all three powers should not be vested in one body. As recognized by President Roosevelt and others, the creation and function of federal agencies can cause separation of powers issues under the United States Constitution. To provide constitutional safeguards, the APA creates a framework for regulating agencies and their roles. According to the Attorney General's Manual on the Administrative Procedure Act, drafted after the 1946 enactment of the APA, the basic purposes of the APA are:[9]
1. to require agencies to keep the public informed of their organization, procedures and rules;
2. to provide for public participation in the rulemaking process;
3. to establish uniform standards for the conduct of formal rulemaking and adjudication;
4. to define the scope of judicial review.
The APA's provisions apply to many federal governmental institutions. The APA in 5 U.S.C. 551(1) defines an "agency" as "each authority of the Government of the United States, whether or not it is within or subject to review by another agency", with the exception of several enumerated authorities, including Congress, federal courts, and governments of territories or possessions of the United States.
Courts have also held that the U.S. President is not an agency under the APA. ( Franklin v. Mass., 505 U.S. 788 (1992).
....rule-making is the process that executive and independent agencies use to create, or promulgate,
regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
Who reviews rules?
Have WE THE PEOPLE declared war (congress's job) on any one of the nations that are ON tRump's List of Nations to be disciplined?
Can the president create Legislation? (Sure, of course)
...but, the EO directed DHS to implement the travel ban, which is an agency, therefore, judicial review based on APA "shoe horns" judicial review.
So, unless Republicans are willing to declare war to implement a travel ban, this could go on for months because our president is under the impression that he is a dictator and that EO's give him the power to actually implement change...
...those darn checks and balances...if the f___king Congress in general were smarter about legislation...their big plans could be implemented but the wheels of government have become so complicated...and yet they had 7 years to figure that out and failed....