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Topic	Scumbag Animal Donald Trump tweets "DACA is probably dead" Blames Dems
ThePieReborn 01/14/18 1:14:09 PM #19:	Wolf_J_Flywheel posted... Anime_Killer17 posted... Wolf_J_Flywheel posted... Doom_Art posted... ...he's the one who rescinded it It was illegal, he asked congress to come up with a legal replacement. They failed. How was it illegal exactly? I'm honestly curious, not calling you out or anything He bypassed congress to change an immigration law. Without input or a vote by congress, it's illegal. Not necessarily, given that it was drafted and executed under the guise of executive discretion which operates under the reality that only so many resources exist and said resources may be allocated under said discretion unless it is explicitly limited via the other branches. Further, going the constitutional law route, the President's capacity to take certain action is limited by whether the other branches are in line with the executive or not. As you said, Congress provided no official input because the bill never came to a vote in one house (I forget which). On separation of powers issues, the Supreme Court has generally taken situations such as this not as a situation where Congress is actively opposing the President's action. It is entirely plausible (particularly given the previous DREAM Act that was law and the Court, barring other factors, could interpret that and its passage in one house as implications of consent) that DACA was perfectly legal. Source: regurgitation of Constitutional Law notes from last semester. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! <cite>ThePieReborn posted [p:894034847] in Scumbag An... [t:76200486]...</cite> <quote><cite>Wolf_J_Flywheel posted...</cite> <quote><cite>Anime_Killer17 posted...</cite> <quote><cite>Wolf_J_Flywheel posted...</cite> <quote><cite>Doom_Art posted...</cite> <quote>...he's the one who rescinded it</quote> It was illegal, he asked congress to come up with a legal replacement. They failed.</quote> How was it illegal exactly? I'm honestly curious, not calling you out or anything</quote> He bypassed congress to change an immigration law. Without input or a vote by congress, it's illegal.</quote> Not necessarily, given that it was drafted and executed under the guise of executive discretion which operates under the reality that only so many resources exist and said resources may be allocated under said discretion unless it is explicitly limited via the other branches. Further, going the constitutional law route, the President's capacity to take certain action is limited by whether the other branches are in line with the executive or not. As you said, Congress provided no official input because the bill never came to a vote in one house (I forget which). On separation of powers issues, the Supreme Court has generally taken situations such as this not as a situation where Congress is actively opposing the President's action. It is entirely plausible (particularly given the previous DREAM Act that was law and the Court, barring other factors, could interpret that and its passage in one house as implications of consent) that DACA was perfectly legal. Source: regurgitation of Constitutional Law notes from last semester. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire!</quote> ... Copied to Clipboard!
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