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Reply to "Customs agents refuse to follow court order and continue enforcement the executive order "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]They need to be held in contempt and arrested. [/quote] ICE agents work for Trump. If they don't follow their boss' order, they would be in contempt. This is clearly within the authority of the executive branch to implement policies for public safety. The constitutionality of the order will be decided by the supreme court.[/quote] No, they are in contempt of court. They have sworn an oath to uphold the Constitution. That means respecting checks and balances and the ability of the judicial branch to stay implementation of Federal law/EOs pending review of the legality/constitutionality. Trump does not get to unilaterally demand that Federal employees (who do not work for Trump directly) do his bidding no matter what.[/quote] It's actually not required by the constitution that the courts have the ultimate say on whether something is constitutional and that the other branches must comply. That idea didn't come around until Mabury v. Madison. It's just as defensible to say that executive branch officers that swore an oath to uphold the constitution have a duty to ignore an incorrect court order. [/quote] I it isn't just as defensible because Marburg v Madison is the law of the US. You are advocating an upending of the entire system of laws of our country. [/quote] Yes it's the law based on court precedent but it isn't dictated by the constitution. So saying that the executive officers "won't follow the constitution" is not accurate. Just pointing that out.[/quote] I'm going to go out on a limb and guess that you are not a lawyer...[/quote] I am, actually. I just think it's laughable when people point the finger and say "you don't care about the constitution," when really SCOTUS (along with everyone else) has been shitting on the constitution for decades. So don't try to take the constitutional high ground after finding magical rights for men to marry each other, for the government to regulate the size of holes in Swiss cheese, etc. The "constitution" is just a rhetorical device at this point. [/quote]
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