The Constitutional Crisis Thread

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_Kevin Graham
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Re: The Constitutional Crisis Thread

Post by _Kevin Graham »

subgenius wrote:
Some Schmo wrote:him not knowing what the hell he's doing is going to screw us all over.

Carter, W, and Obama are recent examples of people exhibiting a "don't know what they're doing" as president...calm down and avoid the fear mongers for a few days.


Even if true (not) they at least surrounded themselves with people who had experience, whereas Trump surrounds himself with friends he's rewarding with cabinet positions, including a dozen former FOX News employees and the former CEO of Fake News outlet Brietbart.
_subgenius
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Re: The Constitutional Crisis Thread

Post by _subgenius »

Kevin Graham wrote:
Even if true (not) they at least surrounded themselves with people who had experience, whereas Trump surrounds himself with friends he's rewarding with cabinet positions, including a dozen former FOX News employees and the former CEO of Fake News outlet Brietbart.

Ah, I see now. It's not the president, it's those he appoints. So, when we take a moment to compare we will see, for example, that Obama did not simply appoint and surround himself with "friends" nor did he obviously "reward" major donors to his campaign with nominations, etc. And likewise, not one former MSNBC ever got special treatment from Obama.

Yeah, you're a bastion of political insight and facts...no one probably noticed your weak wrist attempt to move the goal post for Schmo
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_EAllusion
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Re: The Constitutional Crisis Thread

Post by _EAllusion »

Gadianton wrote:In general regarding the title of this thread:

Prior to the election people would say to me the choice is to pick the lesser of two evils. While this may or may not indicate how I actually voted, my argument against that was if this were the case, then in effect, Hilary would be the greater evil. My reasoning was that the difference between the two is Trump is an amateur and Hilary is a career veteran with literally every connection in the world, and knows how to get things done. So supposing on the evil scale, Hilary is a four and Trump is an eight, Hilary will exact a four while Trump will overreach, break rules, go for a nine, and it will backfire and he'll end up ultimately accomplishing nothing and when the dust settles exact a three.

Even disregarding any rule breaking, look at something like Prop 8. Seems to have overreached, and things got settled ultimately well against the wishes of right-thinking conservatives. I can think of a couple local issues as well where LE went off the rails and ultimately the dust settled with even less power to fight even legit crime.

Am I wrong about this?

The problem with this argument is there are lots of areas where Trump being inept is harmful. Trump may fail to achieve some of his goals due to all-around incompetence, but there are many functions of government that incompetence is itself harmful. I also think you are incorrect about Trump not being able to achieve many things people worried about. We're already seeing that come into being. Even if Trump were to die tomorrow, other nations are now going to have to take into account the realistic possibility that the American election system can elect a Trump when crafting their foreign policy. This is going to harm us for decades.

The tail-end risks of Trump significantly outstrip those of Clinton or pretty much any other American politician that was vying for the presidency. Those haven't gone away. If anything, Trump continues to signal that's where he is going and vigilant, tiring opposition is going to be required until he is out of office.
_Res Ipsa
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Re: The Constitutional Crisis Thread

Post by _Res Ipsa »

Jersey Girl wrote:So did DHS suspend the travel ban? Looks like.


Yes. And the State Department reinstated the visas.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
_Jersey Girl
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Re: The Constitutional Crisis Thread

Post by _Jersey Girl »

Res Ipsa wrote:
Jersey Girl wrote:So did DHS suspend the travel ban? Looks like.


Yes. And the State Department reinstated the visas.


So and something happened where the DOJ is challenging this? How is this process going to work? What happens next?
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_Res Ipsa
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Re: The Constitutional Crisis Thread

Post by _Res Ipsa »

The government filed a motion for an emergency stay yesterday with the 9th Circuit. The court denied the request for an immediate stay and set an accelerated briefing schedule. The last brief will be filed tomorrow afternoon. I wouldn't be surprised to see a decision issued tomorrow night.

You can read the motion to stay at the page I linked upthread.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
_Jersey Girl
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Re: The Constitutional Crisis Thread

Post by _Jersey Girl »

Got it and thanks, RI.
Failure is not falling down but refusing to get up.
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_EAllusion
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Re: The Constitutional Crisis Thread

Post by _EAllusion »

Res Ipsa wrote:The government filed a motion for an emergency stay yesterday with the 9th Circuit. The court denied the request for an immediate stay and set an accelerated briefing schedule. The last brief will be filed tomorrow afternoon. I wouldn't be surprised to see a decision issued tomorrow night.

You can read the motion to stay at the page I linked upthread.

Alex Kozinski is a darling of libertarians. I fit the stereotype there and love his work. I get the sense that we're going to get a brilliant majority or dissent written by Kozinski on this one.
_Res Ipsa
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Re: The Constitutional Crisis Thread

Post by _Res Ipsa »

I'll be interested in how the court rules. I thought the opinion in the Mass. case where the judge declined to extend the TRO made some very strong arguments supporting the President's discretion when it comes to visa holders who are outside of the U.S. Not all the arguments will apply in the Washington case, as the Massachusettes case involves different kinds of plaintiffs. (F1 visa holders who are in the U.S. and Oxfam America). Also, the Mass. judge didn't have to rule on the religious discrimination issue, as no plaintiffs were refugees.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
_Res Ipsa
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Re: The Constitutional Crisis Thread

Post by _Res Ipsa »

EAllusion wrote:
Res Ipsa wrote:The government filed a motion for an emergency stay yesterday with the 9th Circuit. The court denied the request for an immediate stay and set an accelerated briefing schedule. The last brief will be filed tomorrow afternoon. I wouldn't be surprised to see a decision issued tomorrow night.

You can read the motion to stay at the page I linked upthread.

Alex Kozinski is a darling of libertarians. I fit the stereotype there and love his work. I get the sense that we're going to get a brilliant majority or dissent written by Kozinski on this one.


I don't think Kozinski is on the motions panel. I think it's Canby, Clifton, and Friedland.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
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