From the what-separation-of-powers department:
The Department of Homeland Security has an update on the entry ban:
The Department of Homeland Security will continue to enforce all of President Trump's Executive Orders in a manner that ensures the safety and security of the American people. President Trump's Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump's Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.
The NY Post adds:
The ACLU is getting "multiple reports" that federal customs agents are siding with President Trump — and willfully ignoring a Brooklyn federal judge's demand that travelers from seven Muslim countries not be deported from the nation's airports.
(Score: 2) by linuxrocks123 on Tuesday January 31 2017, @03:35AM
You could have said 1182(f) if you wanted to be constructive, rather than a douche.
1182(f) is a very broad delegation of authority, to be sure, but:
(1) There are limits on what authority Congress is allowed to delegate.
(2) Congress can't delegate authority it doesn't have.
I'll focus on (2) since I know more about it. Both religion and national origin are recognized as suspect classes by the Supreme Court: the executive order directly discriminates based on the latter and is discriminating based on the former through a transparent pretense. That's certainly enough for a reasonable case to be made for unconstitutionality.
What will the ultimate appellate ruling be? No clue. I suspect this will be the first of many Supreme Court case which come into being over the next four years because no one was stupid or spiteful enough to do something before. But calling the judge a hack or fraud or whatever is absurd.
(Score: 2) by The Mighty Buzzard on Tuesday January 31 2017, @03:50AM
Sure they can, just say it falls under the Commerce Clause like everything else they want to do but don't have the authority to do.
My rights don't end where your fear begins.
(Score: 3, Informative) by Kromagv0 on Tuesday January 31 2017, @02:53PM
Well not like everything else. Sometimes it is considered a tax and not a tax so that it can wriggle in and out of the taxing authority of congress as needed.
T-Shirts and bumper stickers [zazzle.com] to offend someone
(Score: 2) by The Mighty Buzzard on Tuesday January 31 2017, @04:52PM
Heh, good one. +1 for you.
My rights don't end where your fear begins.