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Ratification: Formal Validation Of A Proposed Law.
Executive Order what is it
When our future generation of this Nation looks to the past for validation to help them define their ancestry, their self-worth. It is our deeds that will impact how they view themselves.
What we now see is not representative of a free Society, nor is it representative of progress. It is a look at the craziest and most demoralizing side of Government. A Government that incites fear, hatred, and disregard for the People who relies on it for protecting the Constitution of the United States. A result of irrational belief that less government control means a better Society. it is not the act of a President to shovel manure down the throats of American's and have those he governs swallow it willingly.
This Narcissism is due in part to a belief that less government control means a better Society will exist for some. The actions of a few fueled by the belief that everyone must believe as they do, or be forced to. It is the right of every individual to have a belief as long as that belief does not infringe upon the right of anyone else, it is not your right to force a majority of America to participate in your beliefs. "Given Trump's dangerous and unconstitutional actions, the Democratic Party can no longer do politics "as usual." That is an ineffective and losing strategy. On virtually every major issue facing this country – economics, women's rights, immigration, the environment, education, etc. – Trump represents the oligarchy and a fairly small minority of the American people. Our job now is to bring the majority together and not only fight as hard as possible inside the beltway but to become part of a grassroots movement which achieves economic, social, environmental and racial justice. We should be looking for guidance now not from pollsters and political consultants, but from leaders like Martin Luther King, Jr. The American people want real change, a change based on compassion and justice, not hatred, intolerance, and divisiveness". -US Senator Bernie Sanders-
"You can lead a horse to water but you cannot make him drink it" (proverb)
According to This Nation. Com Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies.
Executive orders carry as much weight as Federal Laws and direct agencies of the Government, Federal, State, and City in the Daily performance of their jobs. They define certain part's of the United States Constitution, as it pertains to the rights of residence, Legal, and undocumented. They are Legal directives as it pertains to agreements with Allies, which covers a broad spectrum.
The right to ratify and make into Law Executive orders belongs to the head of the Executive office, the President, but can be overridden by Congress, the President has the power of Veto overturning Congress's recommendations, it's a ping-ponging of ideas. However, our founding Fathers knew there was the possibility for fraud and immorality to exist and left it in the hands of the Supreme Court to overturn any order or policy, not in the best interest of its citizenry. "Established by Article 1 of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. "The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers".
The Integrity of a Nation and the Balance of Power
Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the Federal judiciary.
When Congress fails to act, or cannot, an appeal to the Supreme Court is the only other option. The Supreme Court is the highest Court in the United States, it is tasked with making difficult decisions regarding defining the rights as it pertains to all of Society. It is the Justices job to define for the Lower Courts if the Laws of the land are being adhered to it does not try cases, but in an instance when the Law may need clarification or to be more definitive the Supreme Court will interpret the intent. The main focus is ensuring that our rights as Citizens of the United States are not violated or misrepresented in the Lower courts. "the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court's task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied".
According to the Judicial Branch "Where the Executive and Legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate. At times there have been as few as six, while the current number (nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end, Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appeals to district court cases.
Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate. By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns". (Not to be confused with the Lower Courts Who are elected in each State by the People)
As a Citizen of the United States, legally so for over 20 Years, having done due diligence to this Nation having three Son's who also did due diligence, and were in service and in one case still is a Member of the Military. I task the Senate with the job of blocking any suggestion the current administration has for Supreme Court Justice. The current President has proven that he does not hold all the United States Citizenry with the same standards, of fair treatment and equality as defined under the Constitution.
Because of the power it wields, Most Presidents will only execute the Executive order when it concerns the integrity of the United States seldom do we ever see a President enact orders based on Personal beliefs that are not consistent with the rights of all American Citizens. That is until recently.
The Judicial Branch goes on to detail the appellate process "In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari. It is the Court's custom and practice to "grant cert" if four of the nine Justices decide that they should hear the case. Of the approximately 7,500 requests for certiorari filed each year, the Court usually grants cert to fewer than 150. These are typically cases that the Court considers sufficiently important to require their review; a common example is an occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law.
If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or "friends of the court." These can include industry trade groups, academics, or even the U.S. government itself. Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions. If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States. The Justices then hold private conferences, make their decision, and (often after a period of several months) issue the Court's opinion, along with any dissenting arguments that may have been written".
"Today I shed a tear for the country I know and love, the one I believe still beats in the heart of most of its citizens.The United States became the most powerful nation in the history of mankind not merely on the basis is its fearsome military, as lethal and well trained as that may be. It wasn’t solely based on its unprecedented economic engine, as dynamic and far-reaching as that may be. America’s greatness was forged by a Constitutional compact of grand and universal ideals that the country has tried to live up to ever since... A colleague of mine used the term “heartless” to describe so much of the President’s executive actions. Sadly, I found it an apt and dispiriting diagnosis—especially when faced with the results of his executive order on immigration. For over the years, I have seen that our greatest American leaders extol empathy rather than condemnation". -Dan Rather- as taken from Occupy Democracy
To echo or give voice to the sentiment would be to do a grave injustice to the belief stated above so I'll leave it there to marinate.
Judicial Branches And Their Importance
- The Judicial Branch | whitehouse.gov
Article III of the U.S. Constitution guarantees every person accused of wrongdoing the right to a fair trial.
A Title Does not a President Make
We are all at a loss to aptly describe the disgrace that has befallen America, however, Steven King being better with sarcasm than I boldly stated "Imagine a hooligan pouring sugar into the gas tank of an expensive and well-maintained car. Trump is that hooligan. America is that car". -Steven King- (Occupy Democracy)
"take Care that the Laws be faithfully executed" or face Impeachment as so enhanced in Article 11 of the Constitution. No Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
The Oath the President swears to uphold
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Donald Trump has already breached the Laws of ethics and morality showing that he possess none. But to be so careless as to breach the law of the Land is unconscionable. Recently Elected to the office of President he made quick work of his position, during his first 5 Days in office Trump signed 10 Executive orders. All met with Protest as they sought to take away rights of the majority of Americans, and influence our trade agreement with neighboring Mexico. Much like a fussy infant who is perhaps teething or plagued with diaper rash, his outburst's and fit's of temper fuels his behavior to ensures that attention is always focused on him.
Most recently and perhaps most damaging is the right of Immigrants to seek shelter from persecution. Be they religiously affiliated, or for opportunities, Trump's actions are indicative of a dictatorship and the antithesis of our foundation.
Like both legislative statutes and regulations enacted by government agencies, executive orders are subject to judicial review and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. "Court gave “plenary power”—absolute power—over immigration to Congress and the Executive, in a judicially-created doctrine known as the “plenary power” doctrine. Although this concept is found nowhere in the Constitution, the Supreme Court said Congress had the power to make immigration laws that were NOT discriminatory and otherwise unfair". -Executive Branch Review-
Violation of Rights to Legal Counsel Denial of Due Process
Due Process is the fair treatment through the normal judicial system, which states that the citizens (also to those holding the appropriate Visas) are entitled to be represented by Legal Counsel.
As indicated in Article III of the Constitution of the United States "it is the guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers".
Lawyers were unable to because of the Executive order as it involves Immigration, meet with the clients who were denied entry into the US. The executive Signed by Trump governs all Federal employee ability to act at other than the Presidents directives. The Hundred or more immigrants were denied due process, the inability of the President to fulfill the duties as prescribed is impeachable. The current Executive has the option to either step down or face or face Legal removal by the House of Representatives.
- Trump ban affects all non-U.S. citizens, including green card holders | PBS NewsHour
A U.S. federal law enforcement official says any non-U.S. citizen from Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen is now barred from entering the U.S.
"It is every American’s patriotic duty to protest against violations of our values of freedom of religion, equal dignity and equal protection of law. Trump is sowing seeds of further division based on religion, which reminds us to what took place in Germany during and before second world war and my brothers and sisters of Jewish faith suffered holocaust atrocities just because of their faith. We will not let Trump violate our constitution and its values, we will protest, seek justice in the courts, ask congress to pass legislation to declare Trump executive orders void". The words of Donnelly Khan as taken from: "The Lawyers Showed Up: And because we still live in a country where the law matters, they won" Dahlia Lithwick
Today as recorded in the Observer General Assemblyman Tim Eustace "said that Trump’s executive order barring refugees, immigrants and green card holders from certain Muslim countries stand in stark contrast to his decision not to take away Obama’s guarantee to LGBT federal employees that they will not be fired for their sexual orientation or gender identity.
“While I appreciate the president’s decision to keep protections for LGBT federal workers intact, the mere refusal to take away basic rights from hard-working Americans is no cause for celebration,” he said. “Fear is justified in this moment, but we cannot allow it to paralyze us.
“Given the new administration’s unabashed disregard for the rights of other groups over the course of fewer than two weeks, it is critical that we all remain vigilant and hold the White House accountable for its actions. This president’s lack of compassion for men, women, and children fleeing persecution at home and seeking peace in America is indicative of an inability to see people as human beings and not political chess pieces.” -Alyana Alfaro for Observer-
This is the tone of the majority of Americans, in my opinion, seeing Trump as unfit to serve other major corporations are also adding their voice to what is now a fight against Morality, fairness, and justice for all. It has been reported that several companies are looking at filing Lawsuits against Trump for what they view as the loss of revenue. To include Amazon, as reported by -Washington Post- and AG Bob - Seattle Times-.
Tyler Durden who writes for Zero Hedge reports that Thousands of Google Employees are protesting Trumps Executive Order. Added to the list of those seeking to file an amicus brief in support in of a lawsuit challenging Trump. Google, Airbnb, Netflix. The meeting requested by GitHub, the maker of software development tool.
For Every Action There Is an Opposite and Equal Reaction
The South will not rise, those who have not learned from History are bound to repeat it.
Any Republican (GOP) that votes to push forward Donald Trumps pick, knowing full well the character of his cabinet pick's should be listed and when up for re-election must never again hold any seat in Government. They are part of the problem, it's not just about Immigration, it's about values, and they have proven time and again to be lacking.
To the (GOP) how do you sleep at Nights? I really do hope for all of Mankind there is a Hell which will see all of you firmly encased within its bowels.
Donald Trump calls for Republican to go Nuclear if Democrats do not confirm Cabinet pick. What Nuclear means is that if 51% votes for his picks they are in. Another failed US Policy.
"Certainly, it would have been easier to defeat them had the rules not changed,” Senate Minority Leader Charles Schumer acknowledged on Thursday. The New York Democrat has mocked Trump’s nominees as the “Swamp Cabinet” and has spent the last few weeks denouncing the incoming president’s picks for their conflicts of interest, unpaid taxes, and their adherence to rigid conservatism. He’s accused Senate Republicans of trying to jam through the nominees with quick hearings and minimal vetting. “From top to bottom, it’s clear that Republicans were attempting to orchestrate a cover-up of the president-elect’s swamp cabinet,” Schumer said. “Senate Democrats and the American people won’t stand for it.”
"On November 21, 2013, Senate Democrats used the so-called nuclear option to end a Republican filibuster of one of President Barack Obama’s judicial nominees. Using the nuclear option enabled the Democratic majority to overcome minority obstruction by unilaterally lowering the required number of votes to invoke cloture (end debate) on all executive and almost all judicial nominations to a simple majority. This action clearly demonstrated the ability of a Senate majority to determine the rules of procedure in a legislative body that traditionally has been considered a super-majoritarian institution". Russell Berman -The Atlantic-
Today, Rule XXII’s super-majoritarian requirements for ending debate are generally viewed as making minority obstruction possible. Senate minorities can use the right to filibuster, or debate, Supreme Court nominations to effectively prevent their confirmation. The filibuster thus gives Senate minorities significant leverage vis-à-vis the majority because it takes more votes to end a filibuster (three-fifths, typically 60) than it does to confirm a nominee (a simple majority, typically 51). As a consequence, the minority has often been able to use the filibuster to prevent the majority from confirming nominees over its objections. Senate majorities have constituted a supermajority of the institution’s membership only rarely and have thus been unable to muster the required votes to invoke cloture without some degree of minority cooperation.
-Backgrounder on Legal Issues- James Wallner and Ed Corrigan
It would appear some Democrats are doing as little as possible while America sees it's Liberties being given away. There is a time to come together and act for the good of the People who are trying and doing their best to stand up for fairness. Now it is your turn. The seeming inaction of a few doing as little as possible is unacceptable.
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