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Re: <nettime> will someone explain
Ben Birkinbine on Thu, 2 Feb 2017 20:59:31 +0100 (CET)


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Re: <nettime> will someone explain


   Hi David,
   I'll offer a very brief explanation, but I think it should provide some
   general context for your question.

   In my opinion, one of the major factors is the expansion of the powers
   of the Executive branch that occurred after the Sept. 11 attacks.  The
   executive branch, led by the G.W. Bush administration dramatically
   expanded the power of the executive branch to act decisively in the
   interest of "national security."  This, coupled with a gridlocked
   congress and senate, has led subsequent presidents to use executive
   privileges to pass all sorts of orders, which includes those orders
   that Trump supporters tend to despise (The Affordable Care Act aka
   "Obamacare," and the Deferred Action on Childhood Arrivals aka "DACA").

   The current administration has also relied on older laws like the
   Immigration and Nationality Act of 1952, which granted the President
   power to suspend or restrict the entry of "aliens or any class of
   aliens as immigrants" as he deems appropriate if he finds them to be
   "detrimental to the interests of the United States."

   The constitutional question in regard to the travel ban will be one of
   due process.

   As for constraints, the best officially sanctioned options we have at
   this point are the other branches of government (judicial and
   legislative).  The legislative is stacked with Republicans who mostly
   seem willing to get in line with Trump's policies.  Depending on which
   portion of the judicial branch we are talking about, we *may* have some
   constraint there, although Trump will select at least one Supreme Court
   judge (currently ongoing).  He also fired the Attorney General for
   refusing to implement the travel ban.

   Hope this helps.  Lots to say on all this...

   Ben

   On Thu, Feb 2, 2017 at 1:02 AM, David Garcia <d.garcia {AT} new-tactical-research.co.uk> wrote:

     Will one of the American nettimers take a few moments to explain
     something to a constitutional ignoramous such as myself.
 <...>

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