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Thread: Judge Bates engages in judicial tyranny, commands Trump to restart Obama’s DACA

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  1. #1
    Senior Member johnwk's Avatar
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    Judge Bates engages in judicial tyranny, commands Trump to restart Obama’s DACA

    .
    See Judge rules DACA program should restart, blocks Trump Administration plan for elimination

    ”In a blistering 25-page opinion, U.S. District Judge John Bates for District of Columbia said that the Trump administration did not justify its decision to eliminate the Deferred Action for Childhood Arrivals program, also known as DACA.

    Bates said the Department of Homeland Security, which runs the program, failed to "elaborate meaningfully on the agency’s primary rationale for its decision" and called the policy "unlawful and unconstitutional." For the written opinion CLICK HERE

    Keep in mind that in 2012, President Barack Hussein Obama created the DACA program by executive orders and without Congressional Approval. Nowhere in our Constitution has the President of the United States been granted authority to exercise such power. And to allow a president to exercise such power, which is exactly what Judge Bates is doing, is to defy and ignore our Constitution’s guarantee to a “Republican Form of Government” in which the people’s representative sent to Congress have exclusive legislative powers ___ see Article 1, Section 1 of our Constitution:

    ”All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

    The Judge’s argument that the Trump Administration has failed to "elaborate meaningfully on the agency’s primary rationale for its decision" ending DACA, is not within a judges assigned duties.

    To allow judges and Justices to evaluate the wisdom or rationality of duly enacted policy established by Executive or Congressional authority, and strike such decisions down because a rational explanation has not been presented to the Court which it finds agreeable, is to usurp policy making authority vested in these two branches of government [Executive and Legislative] and alter our very system of government and its intentional separation of powers.


    In fact, our very own Supreme Court confirmed with regard to the power over policy making decisions “…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. ___ ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)

    The Trump Administration, in ending the DACA program ___ created by Executive Orders under the Obama Administration and without Constitutional or Congressional approval ___ is in fact restoring the integrity of our constitutionally limited system of Government, its separation powers, and is the rational explanation which Judge Bates apparently disagrees with. In his world, he believe himself to be clothed with power to second guess the wisdom of abiding by our written Constitution and its separation of powers.

    JWK

    ”The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

  2. #2
    Senior Member Beezer's Avatar
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    It is discrimination against those coming legally.

    It is "back door" amnesty.

    It was not approved through Congress to give these people the right to stay here.

    It is not a law...it was a memo.

    They are a financial burden to taxpayers.

    Many LIED on their applications and O'vomit pushed them through. THAT IS FRAUD.

    It is rewarding illegal aliens for criminal trespassing NO MATTER their age.

    Since when do minor's get a free pass for breaking our laws? Our own citizens do not.

    The hell with this Judge.

    End DACA

    No amnesty

    No more applications and NO path to stay.

    STOP REWARDING ILLEGAL ALIENS AT OUR EXPENSE!!!

    THEY CAN GO HOME TO THEIR RELATIVES AND BUILD AMERICA ON THEIR SOIL.

    IT HAS NO RELEVANCE WHETHER THEY CAME 30 YEARS AGO OR 30 SECONDS AGO. ILLEGAL IS ILLEGAL.

    SEND THEM BACK WITH THEIR DAPA PARENTS WHO ARE STILL HERE!
    NO DACA - NO AMNESTY - NO PATH TO STAY - LET WORK PERMITS EXPIRE

    HAND UAC'S OVER INTO THE CARE AND CUSTODY OF THEIR EMBASSY!

  3. #3
    Super Moderator Newmexican's Avatar
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    Bates is an activist Judge appointed by globalist George Bush.
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  4. #4
    Senior Member johnwk's Avatar
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    Quote Originally Posted by Newmexican View Post
    Bates is an activist Judge appointed by globalist George Bush.
    It is absolutely stunning that a judge moves beyond his assigned duty to determine what is and what is not within constitutional limits as applied to a policy making decision, and anoints himself with an arbitrary power to reject or approve policy making decisions based upon his personal partialities which he assumes to be rational.


    In fact, Judge Bates has taken it upon himself to go beyond his assigned duty to determine what is and what is not constitutional, and demands public policy decisions must henceforth be supported by a “rational explanation” which conforms to his personal views as distinguished from what is, and what is not constitutional.


    Is this not the very definition of judicial tyranny?


    JWK

    “The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges’ views of fairness, reasonableness, or justice.” – Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968

  5. #5
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    Unfortunately, with our system, one rogue judge makes a stupid ruling, and it stands for two years until a higher court takes the appeal!

    And when the decision is overturned, the judge is not held accountable for his poor judgement!
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  6. #6
    Senior Member johnwk's Avatar
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    Quote Originally Posted by jtdc View Post
    Unfortunately, with our system, one rogue judge makes a stupid ruling, and it stands for two years until a higher court takes the appeal!

    And when the decision is overturned, the judge is not held accountable for his poor judgement!
    His "poor judgement" amounts to misfeasance, malfeasance and nonfeasance, which are impeachable offenses. Unfortunately, we have too many Fifth Column activists in the House who masquerade as Republicans, and work hand in hand with the democrat party leadership to subvert our written Constitution and its documented legislative intent which gives context to its text.



    Judge Bates needs to be punished!


    JWK


    "The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law [1858]
    Last edited by johnwk; 08-06-2018 at 07:31 AM.
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  7. #7
    Senior Member johnwk's Avatar
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    Judge Bates' actions regarding DACA are "unlawful and unconstitutional".

    In this particular instance Judge Bates is perpetuating a blatant violation of our Constitution’s separation of powers. Congress has no authority to regulate [via the Administrative Procedures Act, passed in 1946] powers vested in the Executive branch of government. Obama started the DACA nonsense and President Trump ended it. Why have elections if a newly elected President cannot reverse the policy set by a previous President? What wording in the Constitution can Judge Bates point to which authorized him to command President Trump to restart a program created by Obama? The Judge’s actions are an attack on our very system of government and embraces a previous President’s actions above a newly elected President.
    Is it not a fact that Judge Bates took an oath to support “this Constitution” and only those laws which are made in “pursuance thereof”?

    The bottom line is, Judge Bates is not vested with a power to require our President to restart Obama’s DACA policy, and is attempting to exercise a policy making power not granted to the judiciary. In fact, it’s Judge Bates’ actions which are “unlawful and unconstitutional”, and they are designed to nullify the very reason Trump was elected.


    This freaken judge needs to be punished . . .


    JWK

    There is no surer way to weaken, destroy and subjugate a prosperous and freedom loving country than by importing the world’s poverty stricken and criminal populations into that country and making the country’s existing citizens tax-slaves to support the economic needs of such an invasion.
    Last edited by johnwk; 08-06-2018 at 07:03 PM.
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  8. #8
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    Quote Originally Posted by johnwk View Post
    This freaken judge needs to be punished . . .
    So who is gonna do it? Politicians and judges are all covering each other asses, so they will not hold "one of their own" accountable for what is standard practice of those in power!
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  9. #9
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    Yes - it's come to this. Federal judges ordering the president to NOT enforce our immigration laws.

    In effect the judge is saying "Obama refused to enforce immigration laws so trump can't enforce them either."

  10. #10
    Senior Member johnwk's Avatar
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    Quote Originally Posted by Text Driving Is Deadly View Post
    Yes - it's come to this. Federal judges ordering the president to NOT enforce our immigration laws.

    In effect the judge is saying "Obama refused to enforce immigration laws so trump can't enforce them either."

    And that violates the most fundamental obligation of a judge which is to observe and enforce our Constitution and those laws made in pursuance thereof!


    JWK
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