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Constitutional law expert discusses Trump맥스카지노s push to expand executive power

Constitutional law expert discusses Trump맥스카지노s push to expand executive power
BOTH SIDES HAVE BEEN MAKING THEIR CASE. TODD ANTOINETTE. JESSICA. THE HEARING WRAPPED UP JUST A SHORT WHILE AGO HERE AT FEDERAL COURT. THE JUDGE IS TAKING THIS MATTER UNDER ADVISEMENT. BEFORE THE HEARING, WE HAD A CHANCE TO SPEAK WITH ATTORNEY GENERAL ANDREA CAMPBELL AND SOME OF HER COUNTERPARTS WHO ARE BRINGING THIS LAWSUIT THAT CHALLENGES ONE OF THE MOST CONTROVERSIAL EXECUTIVE ORDERS IN THE PRESIDENT맥스카지노S IMMIGRATION AGENDA NEWBORN BABIES ARE NOT CRIMINALS. BEFORE THE START OF THE HEARING THIS MORNING IN FEDERAL COURT, MASSACHUSETTS ATTORNEY GENERAL ANDREA CAMPBELL HELD A NEWS CONFERENCE IN HER OFFICE WITH THE ATTORNEYS GENERAL OF CONNECTICUT AND NEW JERSEY. THEY맥스카지노RE AMONG 18 AGS AND CITY ATTORNEYS SUING PRESIDENT TRUMP OVER HIS EXECUTIVE ORDER TO END BIRTHRIGHT CITIZENSHIP. THE PRESIDENT CANNOT CHANGE THE CONSTITUTION WITH A SHARPIE OR A SHAM EXECUTIVE ORDER. THE PRESIDENT, AS POWERFUL AS HE MAY BE, IS NOT A KING. BIRTHRIGHT. THAT맥스카지노S A BIG ONE. THE EXECUTIVE ORDER STATES, IN PART, THE 14TH AMENDMENT HAS ALWAYS EXCLUDED FROM BIRTHRIGHT CITIZENSHIP PERSONS WHO WERE BORN IN THE UNITED STATES, BUT NOT SUBJECT TO THE JURISDICTION THEREOF. ACCORDING TO THE LAWSUIT FILED BY CAMPBELL, 4200 BABIES BORN IN MASSACHUSETTS IN 2022 WERE BORN TO TWO PARENTS WHO WERE NON-CITIZENS AND LACKED LEGAL STATUS. CONNECTICUT ATTORNEY GENERAL WILLIAM TONG, A FIRST GENERATION AMERICAN WHOSE PARENTS WERE NOT AMERICAN CITIZENS WHEN HE WAS BORN, SAYS THE 14TH AMENDMENT LEAVES NO ROOM FOR INTERPRETATION. IF YOU READ THE LANGUAGE, OKAY, IT COULD NOT BE MORE CLEAR. YOU맥스카지노RE BORN ON AMERICAN SOIL, YOU맥스카지노RE AN AMERICAN. WHY DOES THAT MATTER TO SO MANY OF US? WHY IS IT SO PERSONAL? BECAUSE IF THAT맥스카지노S NOT TRUE, I맥스카지노M NOT STANDING HERE. AND THAT맥스카지노S TRUE. THE HEARING WRAPPED UP JUST A SHORT WHILE AGO. THE JUDGE SAYS THAT THIS MATTER WILL BE TAKEN UNDER ADVISEMENT. DO NOT EXPECT A DECISION TODAY. WE맥스카지노LL KEEP YOU POSTED. REPORTING LIVE AT FEDERAL COURT IN THE SEAPORT.
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Constitutional law expert discusses Trump맥스카지노s push to expand executive power
The beginning of President Donald Trump맥스카지노s second term has been marked by a surge in executive orders, some of which have generated intense political and legal debates. At the time of publication, Trump has signed more than 50 orders, ranging from attempts to delay a TikTok ban to withdrawing the U.S. from the World Health Organization. But among these, several have faced serious pushback.One of the most controversial was his executive order aimed at ending birthright citizenship, a constitutional right that guarantees citizenship to anyone born on U.S. soil. Constitutional battle over birthright citizenshipWilliam Davenport Mercer, a distinguished lecturer at the University of Tennessee's law school, believes the issue of birthright citizenship is settled law. 맥스카지노It맥스카지노s settled, in my opinion,맥스카지노 he said. 맥스카지노It is and has been settled law of the land.맥스카지노Mercer, who specializes in U.S. legal and constitutional history, pointed to the Citizenship Clause in the 14th Amendment. This clause enshrines the principle of jus soli, meaning the right of anyone born within the U.S. to automatically become a citizen.Multiple Supreme Court cases, including Inglis v. Trustees of Sailor's Snug Harbor and United States v. Wong Kim Ark, have reaffirmed this principle and the idea that birthright citizenship is established in American law.Trump맥스카지노s administration, however, argues that the 14th Amendment has been misinterpreted and applied too broadly 맥스카지노 specifically, they believe it doesn맥스카지노t extend to children of unauthorized immigrants or parents on visas.Mercer disagrees. As do at least two federal judges.First, on Jan. 23, a Seattle-based judge appointed by President Ronald Reagan issued a temporary restraining order on the executive order.The legal pushback continued on Feb. 5, when Judge Deborah L. Boardman of Maryland, who was appointed by President Joe Biden, issued a preliminary injunction blocking Trump맥스카지노s order indefinitely. Mercer explained that while efforts to abolish or reform birthright citizenship are not new, this is the first time he맥스카지노s seen it attempted through an executive order, which he reiterated is likely an unfeasible approach.Video below: White House files response to lawsuit on birthright citizenship맥스카지노In recent years, we've seen there have been calls to amend the Constitution. There have been calls to amend the statutes in kind of different ways to try to get at reexamining birthright citizenship,맥스카지노 Mercer said. 맥스카지노I don맥스카지노t see (executive orders) as the proper vehicle for doing this. If you don맥스카지노t like the birthright citizenship portion of Section 1 of the 14th Amendment, you have to amend the Constitution.맥스카지노Other executive orders issued by Trump that have either been stayed by a judge or are being challenged in the courts include the ban on gender-affirming care for youths, the ban on transgender individuals in the military, the transfer of transgender women to men맥스카지노s prisons, the elimination of diversity, equity and inclusion (DEI) policies, the closure of the border for asylum seekers and the stripping of job protections for federal workers.Trump맥스카지노s executive orders have also informed other actions that Mercer believes could be unconstitutional.Federal funding conundrumBorn from Trump맥스카지노s orders to end climate initiatives and DEI programs, his administration issued a memorandum halting all federal spending to ensure that every dollar aligned with Trump맥스카지노s agenda.The sudden decision sent shockwaves across the country, causing disruptions in Medicaid and leaving millions uncertain about losing access to housing, child care and food.After the flurry of confusion, the administration quickly reversed the funding freeze, rescinding the memo on Jan. 29.However, a federal judge was skeptical of the administration맥스카지노s change of heart, issuing a temporary restraining order on the funding freeze just in case.맥스카지노The rescission, if it can be called that, appears to be nothing more than a thinly veiled attempt to prevent this court from granting relief,맥스카지노 wrote Judge Loren L. AliKhan of the U.S. District Court for the District of Columbia.AliKhan, who was appointed by Biden, further stated that the executive branch was overstepping its constitutional boundaries and infringing on the legislative branch맥스카지노s power over federal appropriations.맥스카지노(The Office of Management and Budget) attempted to wrest the power of the purse away from the only branch of government entitled to wield it,맥스카지노 AliKhan wrote.Yet, a federal judge in Rhode Island, who also ordered a restraining order on the frozen funds, found that the Trump administration was defying his order and was still withholding congressionally-approved disimbursements.On Feb. 10, U.S. District Judge John McConnell, an appointee of President Barack Obama, doubled down on his order, directing the administration to once again release the funds.Lawyers with the Department of Justice have appealed McConnell's decision.Mercer, who spoke with Hearst Television before the rulings, concurred with both judges, citing laws passed during President Richard Nixon맥스카지노s administration, such as the Impoundment Control Act of 1974, which codified the distinction in fiscal powers between Congress and the president.Mercer also highlighted Justice Robert H. Jackson맥스카지노s influential concurring opinion in the 1952 case Youngstown Sheet & Tube Co. v. Sawyer, which overturned President Harry Truman맥스카지노s attempt to nationalize the country맥스카지노s steel mills. Essentially, the opinion stated that a president맥스카지노s executive powers are at their strongest when supported by Congress and at their weakest when in opposition, as in the case of suspending funds already approved and appropriated by Congress.맥스카지노I think the (Trump) administration probably ran afoul of that,맥스카지노 Mercer said. 맥스카지노This is a legislative, congressional power, and they맥스카지노ve said it in a congressional law, and so I think that맥스카지노s a problem.맥스카지노Executive orders, a historical presidential toolIt remains uncertain whether Trump can implement these orders and memorandums, but Mercer asserts that, based on current constitutional interpretation, the president is within his rights to make the attempt.맥스카지노Article 2 (of the Constitution) governs the executive맥스카지노s power,맥스카지노 Mercer said. 맥스카지노There's nothing in it that explicitly says the president can issue executive orders, but the president does have certain independent constitutional powers, most notably the obligation to faithfully execute the laws.맥스카지노 Although executive orders are not laws 맥스카지노 only Congress has the authority to create laws 맥스카지노 they are a powerful tool for the president to direct the enforcement of existing laws and shape policy within the executive branch. Executive orders are not uncommon, either. Mercer argued that some of the most influential actions in American history were executive orders, including the Emancipation Proclamation, funding for the Manhattan Project, the internment of Japanese Americans, and the creation of the Department of Homeland Security. Every president, except William Henry Harrison, has issued at least one executive order during their tenure. Some presidents even issued more than 1,000, including Franklin D. Roosevelt, according to records. 맥스카지노There have been other presidents who came into office and hit the ground running,맥스카지노 Mercer said. 맥스카지노One that I맥스카지노ve seen a number of commentators mention 맥스카지노 the first 100 days of FDR맥스카지노s administration맥스카지노 You could say that perhaps there are some analogies there (with Trump).맥스카지노 However, Mercer cautioned against making a direct comparison between Trump맥스카지노s second term and Roosevelt맥스카지노s presidency, pointing to the key difference in the speed and meticulousness of their approaches.맥스카지노Though FDR had a number of his early attempts at recovery (from the Great Depression)... taken out by the courts, some of his signature pieces, they weren맥스카지노t done this quickly,맥스카지노 Mercer said. 맥스카지노These were codes drafted by lawyers and put together and such, and the court says, 맥스카지노The legislature has given you way too much power under this, so we맥스카지노re going to negate this executive order,맥스카지노 and that sort of thing.맥스카지노Expanding powers of the executive branch While Trump's fast-paced executive order process may be unlike that of past presidents, Mercer said, the idea of pushing the limits of executive power is not unprecedented.From Lincoln's Emancipation Proclamation to President Barack Obama's establishment of Deferred Action for Childhood Arrivals (DACA), various presidents have confronted constitutional boundaries via executive order. Mercer suggested that Trump's approach could be a reflection of the country's shifting constitutional order, driven either by the Supreme Court's ideological tilt, the changing will of the electorate, or, most likely, both. He pointed to the recent overturning of Roe v. Wade as a significant example of this shift.맥스카지노Roe is a big one. But that didn't just show up because the court made it. That was because of a whole lot of popular advocacy on the ground for a number of decades,맥스카지노 Mercer said. 맥스카지노And so those kind of work together. And I think once things start to move, I mean, who knows what 맥스카지노 I think we're potentially in a rather transformative period.맥스카지노This shift in perspective, Mercer added, might explain why Trump and others are revisiting what was once considered settled law. 맥스카지노This is just pure opinion, but it does seem like there's a sense that a lot of things that were settled don't necessarily have to be, or there's an opportunity to revisit things that are settled law in order to maybe get a more favorable ruling this time,맥스카지노 Mercer said.Mercer explained that this evolving legal landscape suggests that the U.S. is at a critical juncture. Whether it's the interpretation of the 14th Amendment or other long-standing principles, the courts may be more willing to reconsider them in light of shifting political and social currents.As Trump맥스카지노s second term continues, the implications of these legal battles go beyond individual policies, challenging the nation맥스카지노s foundational principles and the very nature of constitutional interpretation itself.맥스카지노This is bigger than, like, living constitution versus original intent. It's bigger than that,맥스카지노 Mercer said. 맥스카지노And I think we're in a moment now where we're recognizing that so much of what makes up our constitutional order, our constitutional universe as we know it today, I think people are realizing that so much of it, while it is based on the Constitution and is based on formal law, is also very customary.맥스카지노He added, 맥스카지노None of this is set in stone. Whether this is a good thing or a bad thing is in the eye of the beholder.맥스카지노

The beginning of President Donald Trump맥스카지노s second term has been marked by a surge in executive orders, some of which have generated intense political and legal debates.

At the time of publication, Trump has signed more than 50 orders, ranging from attempts to delay a TikTok ban to withdrawing the U.S. from the World Health Organization. But among these, several have faced serious pushback.

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One of the most controversial was his executive order aimed at ending birthright citizenship, a constitutional right that guarantees citizenship to anyone born on U.S. soil.

Constitutional battle over birthright citizenship

William Davenport Mercer, a at the University of Tennessee's law school, believes the issue of birthright citizenship is settled law. 맥스카지노It맥스카지노s settled, in my opinion,맥스카지노 he said. 맥스카지노It is and has been settled law of the land.맥스카지노

Mercer, who specializes in U.S. legal and constitutional history, pointed to the Citizenship Clause in the 14th Amendment. This clause enshrines the principle of jus soli, meaning the right of anyone born within the U.S. to automatically become a citizen.

Multiple Supreme Court cases, including Inglis v. Trustees of Sailor's Snug Harbor and United States v. Wong Kim Ark, have reaffirmed this principle and the idea that birthright citizenship is established in American law.

Trump맥스카지노s administration, however, argues that the 14th Amendment has been misinterpreted and applied too broadly 맥스카지노 specifically, they believe it doesn맥스카지노t extend to children of unauthorized immigrants or parents on visas.

Mercer disagrees. As do at least two federal judges.

First, on Jan. 23, a Seattle-based judge appointed by President Ronald Reagan issued a temporary restraining order on the executive order.

The legal pushback continued on Feb. 5, when Judge Deborah L. Boardman of Maryland, who was appointed by President Joe Biden, issued a preliminary injunction blocking Trump맥스카지노s order indefinitely.

Mercer explained that while efforts to abolish or reform birthright citizenship are not new, this is the first time he맥스카지노s seen it attempted through an executive order, which he reiterated is likely an unfeasible approach.

Video below: White House files response to lawsuit on birthright citizenship

맥스카지노In recent years, we've seen there have been calls to amend the Constitution. There have been calls to amend the statutes in kind of different ways to try to get at reexamining birthright citizenship,맥스카지노 Mercer said. 맥스카지노I don맥스카지노t see (executive orders) as the proper vehicle for doing this. If you don맥스카지노t like the birthright citizenship portion of Section 1 of the 14th Amendment, you have to amend the Constitution.맥스카지노

Other executive orders issued by Trump that have either been stayed by a judge or are being challenged in the courts include the , the ban on transgender individuals in the military, the , the , the and the .

Trump맥스카지노s executive orders have also informed other actions that Mercer believes could be unconstitutional.

Federal funding conundrum

Born from Trump맥스카지노s orders to end climate initiatives and DEI programs, his administration issued a memorandum halting all federal spending to ensure that every dollar aligned with Trump맥스카지노s agenda.

The sudden decision sent shockwaves across the country, causing disruptions in Medicaid and leaving millions uncertain about losing access to housing, child care and food.

After the flurry of confusion, the administration quickly reversed the funding freeze, rescinding the memo on Jan. 29.

However, a federal judge was skeptical of the administration맥스카지노s change of heart, issuing a temporary restraining order on the funding freeze just in case.

맥스카지노The rescission, if it can be called that, appears to be nothing more than a thinly veiled attempt to prevent this court from granting relief,맥스카지노 wrote Judge Loren L. AliKhan of the U.S. District Court for the District of Columbia.

AliKhan, who was appointed by Biden, further stated that the executive branch was overstepping its constitutional boundaries and infringing on the legislative branch맥스카지노s power over federal appropriations.

맥스카지노(The Office of Management and Budget) attempted to wrest the power of the purse away from the only branch of government entitled to wield it,맥스카지노 AliKhan wrote.

Yet, a federal judge in Rhode Island, who also ordered a restraining order on the frozen funds, found that the Trump administration was defying his order and was still withholding congressionally-approved disimbursements.

On Feb. 10, U.S. District Judge John McConnell, an appointee of President Barack Obama, doubled down on his order, directing the administration to once again release the funds.

Lawyers with the Department of Justice have appealed McConnell's decision.

Mercer, who spoke with Hearst Television before the rulings, concurred with both judges, citing laws passed during President Richard Nixon맥스카지노s administration, such as the , which codified the distinction in fiscal powers between Congress and the president.

Mercer also highlighted Justice Robert H. Jackson맥스카지노s influential concurring opinion in the 1952 case , which overturned President Harry Truman맥스카지노s attempt to nationalize the country맥스카지노s steel mills.

Essentially, the opinion stated that a president맥스카지노s executive powers are at their strongest when supported by Congress and at their weakest when in opposition, as in the case of suspending funds already approved and appropriated by Congress.

맥스카지노I think the (Trump) administration probably ran afoul of that,맥스카지노 Mercer said. 맥스카지노This is a legislative, congressional power, and they맥스카지노ve said it in a congressional law, and so I think that맥스카지노s a problem.맥스카지노

Executive orders, a historical presidential tool

It remains uncertain whether Trump can implement these orders and memorandums, but Mercer asserts that, based on current constitutional interpretation, the president is within his rights to make the attempt.

맥스카지노Article 2 (of the Constitution) governs the executive맥스카지노s power,맥스카지노 Mercer said. 맥스카지노There's nothing in it that explicitly says the president can issue executive orders, but the president does have certain independent constitutional powers, most notably the obligation to faithfully execute the laws.맥스카지노

Although executive orders are not laws 맥스카지노 only Congress has the authority to create laws 맥스카지노 they are a powerful tool for the president to direct the enforcement of existing laws and shape policy within the executive branch.

Executive orders are not uncommon, either. Mercer argued that some of the most influential actions in American history were executive orders, including the Emancipation Proclamation, funding for the Manhattan Project, the internment of Japanese Americans, and the creation of the Department of Homeland Security.

Every president, except William Henry Harrison, has issued at least one executive order during their tenure. Some presidents even issued more than 1,000, including Franklin D. Roosevelt, .

맥스카지노There have been other presidents who came into office and hit the ground running,맥스카지노 Mercer said. 맥스카지노One that I맥스카지노ve seen a number of commentators mention 맥스카지노 the first 100 days of FDR맥스카지노s administration맥스카지노 You could say that perhaps there are some analogies there (with Trump).맥스카지노

However, Mercer cautioned against making a direct comparison between Trump맥스카지노s second term and Roosevelt맥스카지노s presidency, pointing to the key difference in the speed and meticulousness of their approaches.

맥스카지노Though FDR had a number of his early attempts at recovery (from the Great Depression)... taken out by the courts, some of his signature pieces, they weren맥스카지노t done this quickly,맥스카지노 Mercer said. 맥스카지노These were codes drafted by lawyers and put together and such, and the court says, 맥스카지노The legislature has given you way too much power under this, so we맥스카지노re going to negate this executive order,맥스카지노 and that sort of thing.맥스카지노

Expanding powers of the executive branch

While Trump's fast-paced executive order process may be unlike that of past presidents, Mercer said, the idea of pushing the limits of executive power is not unprecedented.

From Lincoln's Emancipation Proclamation to President Barack Obama's (DACA), various presidents have confronted constitutional boundaries via executive order.

Mercer suggested that Trump's approach could be a reflection of the country's shifting constitutional order, driven either by the Supreme Court's ideological tilt, the changing will of the electorate, or, most likely, both. He pointed to the recent overturning of Roe v. Wade as a significant example of this shift.

맥스카지노Roe is a big one. But that didn't just show up because the court made it. That was because of a whole lot of popular advocacy on the ground for a number of decades,맥스카지노 Mercer said. 맥스카지노And so those kind of work together. And I think once things start to move, I mean, who knows what 맥스카지노 I think we're potentially in a rather transformative period.맥스카지노

This shift in perspective, Mercer added, might explain why Trump and others are revisiting what was once considered settled law.

맥스카지노This is just pure opinion, but it does seem like there's a sense that a lot of things that were settled don't necessarily have to be, or there's an opportunity to revisit things that are settled law in order to maybe get a more favorable ruling this time,맥스카지노 Mercer said.

Mercer explained that this evolving legal landscape suggests that the U.S. is at a critical juncture. Whether it's the interpretation of the 14th Amendment or other long-standing principles, the courts may be more willing to reconsider them in light of shifting political and social currents.

As Trump맥스카지노s second term continues, the implications of these legal battles go beyond individual policies, challenging the nation맥스카지노s foundational principles and the very nature of constitutional interpretation itself.

맥스카지노This is bigger than, like, living constitution versus original intent. It's bigger than that,맥스카지노 Mercer said. 맥스카지노And I think we're in a moment now where we're recognizing that so much of what makes up our constitutional order, our constitutional universe as we know it today, I think people are realizing that so much of it, while it is based on the Constitution and is based on formal law, is also very customary.맥스카지노

He added, 맥스카지노None of this is set in stone. Whether this is a good thing or a bad thing is in the eye of the beholder.맥스카지노