Judge Bates engages in judicial tyranny, commands Trump to restart Obama’s DACA


#1

.
See Judge rules DACA program should restart, blocks Trump Administration plan for elimination

”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

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


#2

Judicial arrogance knows no bounds.


#3

One can only wonder what gives this “judge” the idea that he has the authority to “ORDER” the President to re-start a patently unconstitutional program. Every HS student in the country SHOULD know that no President can write a law out of thin air…as Obama did here.


#4

I don’t get how this is a good hill to die on.

You’re talking about people who’ve lived here most of their lives, speak English, are culturally American, and are likely to have American spouses and children.

Separating them from that family creates a PR coup for the left, as we’ve already seen.

We all acknowledge that the system has some of the blame for the situation they’re in. But by kicking them out, you’re saying all the blame lies with them.

Don’t get how that’s going to sell well. Seems more like you’re growing a backlash.


#5

Judge Bates’ actions amount to misfeasance, malfeasance and nonfeasance, which are impeachable offenses. Unfortunately, we have too many Fifth Column activists in the House who masquerade as Republicans, and work hand in hand with the democrat party leadership to subvert our written Constitution and its documented legislative intent which gives context to its text.

Judge Bates needs to be punished!

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law [1858]


#6

There you go again attempting to disrupt and misdirect the subject of the thread. The thread is not about the people you mention. It is about a Judge taking it upon himself to set public policy and exercising a power not granted to the judiciary.

If you are not interested in the subject of the thread, have the decency to not post in it and disrupt the discussion.

:roll_eyes:

JWK

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)


#7

You’ve laid out the facts excellently.

In 2014, Speaker Ryan collected 22 quotes of Obama himself making essentially the same case. My favorite is number 17.

This is something I’ve struggled with throughout my presidency. The problem is that I’m the president of the United States, I’m not the emperor of the United States. My job is to execute laws that are passed. And Congress right now has not changed what I consider to be a broken immigration system. And what that means is that we have certain obligations to enforce the laws that are in place even if we think that in many cases the results may be tragic. … [W]e’ve kind of stretched our administrative flexibility as much as we can[.]” (2/14/13)

But when asked about these statements as he prepared to issue his executive order, he brazenly lied:

Actually, my position hasn’t changed. When I was talking to the advocates, their interest was in me, through executive action, duplicating the legislation that was stalled in Congress.

Now this judge is saying President Trump can’t undo Obama’s illegal act, apparently without approval from the judge. That looks like judicial misconduct to me.


#8

Judge Bates’ actions regarding DACA are “unlawful and unconstitutional”.

In this particular instance Judge Bates is perpetuating a blatant violation of our Constitution’s separation of powers. Congress has no authority to regulate [via the Administrative Procedures Act, passed in 1946] powers vested in the Executive branch of government. Obama started the DACA nonsense and President Trump ended it. Why have elections if a newly elected President cannot reverse the policy set by a previous President? What wording in the Constitution can Judge Bates point to which authorized him to command President Trump to restart a program created by Obama? The Judge’s actions are an attack on our very system of government and embraces a previous President’s actions above a newly elected President.

Is it not a fact that Judge Bates took an oath to support “this Constitution” and only those laws which are made in “pursuance thereof”?

The bottom line is, Judge Bates is not vested with a power to require our President to restart Obama’s DACA policy, and is attempting to exercise a policy making power not granted to the judiciary. In fact, it’s Judge Bates’ actions which are “unlawful and unconstitutional”, and they are designed to nullify the very reason for elections, and why Trump was elected.

This freaken judge needs to be punished . . .
JWK

There is no surer way to weaken, destroy and subjugate a prosperous and freedom loving country than by importing the world’s poverty stricken and criminal populations into that country and making the country’s existing citizens tax-slaves to support the economic needs of such an invasion.


#9

There have been several other court decisions of questionable legality against President Trump’s executive orders, but the president hasn’t challenged them. I wonder if he hasn’t just been waiting for the right one to make a stand on. I wonder if this is it.

Also, where is Attorney General Jeff Sessions? About the only time we hear of him is when President Trump tweets his displeasure with him. I wonder if that’s all a smokescreen to give Sessions cover to do something. Is he busy building a case and laying in groundwork to drain the major scum from the swamp? Might this judgment cause the plug to be pulled?