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Author Topic: Trump II  (Read 1384622 times)

Alan Klein

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Re: Trump II
« Reply #1460 on: March 16, 2017, 01:10:53 pm »

Judges are supposed to enforce laws, not fairness. Lawmakers should be the ones to take fairness into consideration.
His ruling had nothing to do with law.  He could have made the call in my favor and that would have been "legal" as well.  Frankly, he made the ruling as he did because he was showing professional courtesy to another lawyer.  Heck, I was only a litigant. 

Alan Klein

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Re: Trump II
« Reply #1461 on: March 16, 2017, 02:01:06 pm »



No non-US citizen has any right to enter the US.  Even diplomats don't have that right which is why diplomatic credentials have to be formally accepted.  The US is hardly unique in this and controlling entry is one of the foundations of internationally recognized sovereignty.


  Excellent legal analysis.  I'm curious about the one thing many have been critical of, the elephant in the room.  That is whether rules can be written that restrict entry based on religion.  Yes, there is the non-establishment of religion clause.  But as one justice famously said that the Constitution isn't a suicide pact.

The fact is most if not all these terrorists are Muslim.  If I was putting together a list of what to look for in a terrorist coming into this nation, it would be to find out if he was Muslim.  Other criteria might be is he a healthy male, what does he think about freedom, etc.  In other words, vetting him to what a terrorist would probably be.  It's what the Israeli's do before letting you get on one of their El Al planes.

OK, we're not Israel.  But isn't it "suicidal" to not use smart vetting to find out the people you shouldn't let in?  Can it be constitutional?  Is it constitutional, really, or are we just assuming it isn't.  Has there been a test in the Supreme Court?  Does the 2nd Amendment really apply to non-Americans?


So could a rule including religion (and I realize it's not in the current rule) actually pass constitutional muster? (question modified)

Alan Klein

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Re: Trump II
« Reply #1462 on: March 16, 2017, 02:11:44 pm »

Oops.  In my last post, I meant the non-establishment 1st Amendment, not the 2nd in the next to last paragraph.

Alan Klein

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Re: Trump II
« Reply #1463 on: March 16, 2017, 02:39:08 pm »



P.S. I  am still waiting for the attack on $38 million. Jeff, you there? Anyone?  ;)
Ok, I'll fill in.

$38 million! That's only 25% of $150 million.  Poor schnooks pay 25%.  Where's the fairness in that?  And what about the $150 million?  I thought he made trillions or at least billions!.  Then there's the $103 million write-off.  Heck I was only able to write off my little property taxes and interest on mortgage.  OK my house isn't Mar-a-lago, but heck it is my home sweet home.  This whole two page release stinks to high heaven. You know what I think?  It was really Treasury Secretary Wilbur Ross's.  He just changed the name on top.

Otto Phocus

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Re: Trump II
« Reply #1464 on: March 16, 2017, 02:43:36 pm »

That is an interesting question.

I am not a lawyer but I do have a doctorate in domestic and international policy and about 35 years in the field.... at least that is what I am claiming while posting anonymously on the Internets Tubes.   ;)

Unless other laws are enacted that restrict the president and the presidential actions concern people not yet accepted into the United States, I feel it would be legal to exclude members of a specific religion.

Legal not necessarily good  I think that would be a very bad idea and one that would not sit well with domestic and international opinions, but we are talking about legality not morality.

The problem would be how can one tell if someone is a member of a religion, especially if the concern is that a baddie is trying to circumvent the system?  Passing such a rule excluding specific religions might just result in an influx of atheists entering the country. What are the border people going to do?  Claim "you are not an atheist, we know you are an Muslim!"  Bad guys, by their very nature are bad and have no problem doing bad things like lying.   Hate that about bad guys.

Which is why I feel that such a law, while legal would be ineffective, unfair, and counter to the traditions and customs of our society.... but legal.

I foresee congress re-looking at the immigration laws of this country. There was a legislative intent behind giving the President such exclusionary powers. I believe it was to enable the president to react to an acute short duration emergency not in support of something as vague as the never ending  "war on terrorism" or what ever they are calling this these days.

Unlike the war powers act, the president does not have a constitutional authority to affect immigration.  The president has legislative authority and that can be changed at any time by congress. I think congress should look into such examination of existing legislation. 

Trying to make old legislation work in a modern environment requires far too much interpretation.  Interpretation on the part of the Executive Branch and too much interpretation by the Judicial Branch.  Interpretation by its very definition is subjective.  As times change, so should our laws. As terrorism as grown far beyond what was envisioned back in the 1950's and 1960's, it is folly to think that legislation enacted 60 years ago applies to today's ever changing environment.

Get rid of old legislation and re-write new legislation that clearly and without need for retroactive interpretation, represents what the legislative branch thinks is necessary to solve today's problems in today's environment.  Constitutions are enduring, legislation should not.

Well written legislation should not need Executive or Judicial interpretation.
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Alan Klein

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Re: Trump II
« Reply #1465 on: March 16, 2017, 03:14:01 pm »

Otto:  But what about the process used to vet people, not the EO itself.  I assume the State Dept  created or should create a checklist that has a check box, Religion of Applicant.  Is that constitutional?  It doesn't have to be in the EO and become an international appearance problem.  State could handle this question low key with the checklist. (Let's assume for the purposes of my argument that the applicant's religious affiliation can be gained truthfully by sources other than relying on his truthfulness.  Birth records, family records, etc.  It wouldn't be that hard to check if we wanted too.  In any case, if he said "Atheist", that would be suspect from the countries in question and could be the basis of not letting him in.   I assume judgment is used in many cases.  It's not an exact measurement in any case.)

So could someone challenge the checklist as unconstitutional because of the religious question?    Might this be a better way to handle accurate vetting?  Why do you feel it's immoral to use a foreigner's religion as one determinant to identify him or her as a terrorist?   

As a related question, how much does political correctness, not legality, play into this?  I'm reminded of all the little old American ladies who are felt up when they go through security in our own airports because the TSA doesn't want to be called prejudiced by focusing on people who really could be terrorists.   Has this become a PC issue rather than security issue something Trump and frankly many people are tired of? 

pegelli

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Re: Trump II
« Reply #1466 on: March 16, 2017, 03:51:55 pm »

Waiting for Jeff to ridicule and pour scorn on the guy who paid $38 millions in taxes.  :)
Well, I'm still waiting for the tax returns for other years then 2005 that were not leaked (by the Trump entourage?, or by who else?) to get a better picture of the whole situation. One year tax return from 11 years ago doesn't say much. I'm sure we'll see them when the IRS audit is done with them ;)
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pieter, aka pegelli

Slobodan Blagojevic

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Re: Trump II
« Reply #1467 on: March 16, 2017, 04:27:11 pm »

... how can one tell if someone is a member of a religion...

Yes, very, very difficult.

Alan Klein

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Re: Trump II
« Reply #1468 on: March 16, 2017, 04:28:04 pm »

Well, I'm still waiting for the tax returns for other years then 2005 that were not leaked (by the Trump entourage?, or by who else?) to get a better picture of the whole situation. One year tax return from 11 years ago doesn't say much. I'm sure we'll see them when the IRS audit is done with them ;)
They'll never get released unless Obama tells the IRS to do it. 

Slobodan Blagojevic

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Re: Trump II
« Reply #1469 on: March 16, 2017, 04:45:09 pm »

"Why the Supreme Court will uphold Trump's travel ban"

http://thehill.com/blogs/pundits-blog/immigration/324336-to-block-trumps-ban-hawaii-judge-uses-psychoanalysis-not-legal

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The lower courts gave considerable, indeed dispositive, weight to these anti-Muslim statements in deciding that the travel ban was, in reality, a Muslim ban that would violate the constitutional prohibition against discrimination on the basis of religion. 

Under that reasoning, had the identical executive order been issued by President Obama, it would have been constitutional. But because it was issued by President Trump, it is unconstitutional. Indeed any executive order issued by President Trump dealing with travel from Muslim countries would be constitutionally suspect because of what candidate Trump said. In my view, that is a bridge too far. It turns constitutional analysis into psychoanalysis, requiring that the motives of the president be probed.


pegelli

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Re: Trump II
« Reply #1470 on: March 16, 2017, 05:01:26 pm »

They'll never get released unless Obama tells the IRS to do it.
Don't think Obama has any "power" left to take any official action, why would the IRS listen to someone that isn't even considered a legal US citizen by the current POTUS incumbent? But I agree they will never be released because they probably paint a very different picture from the leaked 2005 one (and even that one might be a fake).
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pieter, aka pegelli

Alan Klein

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Re: Trump II
« Reply #1471 on: March 16, 2017, 05:07:49 pm »

"Why the Supreme Court will uphold Trump's travel ban"

http://thehill.com/blogs/pundits-blog/immigration/324336-to-block-trumps-ban-hawaii-judge-uses-psychoanalysis-not-legal



Gee. I hope you're right.  I have told my wife on occasion that I would kill her.  I'm pretty sure it was hyperbole and bluster. In any case, I wouldn't want to go to jail for my big mouth.  Maybe it would be better if I can get someone else to say it to her for me. 

Schewe

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Re: Trump II
« Reply #1472 on: March 16, 2017, 06:15:07 pm »

Waiting for Jeff to ridicule and pour scorn on the guy who paid $38 millions in taxes.  :)

Wait, what?

The only ridicule and scorn I would pour on him is he lied back in May 20, 2014: Trump said in an interview on Irish TV that he would "absolutely" release his tax returns if he decided to run for office: Trump's interview video

So...I guess it doesn't count because he was talking to the #LYING&CORRUPTt Irish TV?

Here's a nice timeline all about Trump's Taxes and his various #TRUMP WIGGLES

A Definitive Timeline of Donald Trump's Many Excuses About His Taxes (as of Jan 23, 201)

As for the 1040 "reveal" on the Rachel Maddow show, she was of course, upstaged by the White House...and of course, the expected presidential tweet: “Does anybody really believe that a reporter, who nobody ever heard of, ‘went to his mailbox’ and found my tax returns? @NBCNews FAKE NEWS!”

So, the 1040 revealed he paid about $38M at a tax rate of about 25% (a bit lower than mine) and wrote off $103M on $153M...the funniest thing about this whole thing is that after refusing to release his taxes because he's "under audit", he (the white house) goes ahead and releases his tax form just out of spite to ruin Rachael's "reveal". I think that's hilarious (and pretty telling about the behavior of a narcissist)

I find the tweet that David Shepardson tweeted out pretty funny too:



Boy, that dishonest media sure is mean to the BIG CHEETO



In His Own Words: Donald Trump Is Selling Himself Like A Bag Of Cheetos

P.S. How's that for a response Slobodan?

 ;)
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Ray

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Re: Trump II
« Reply #1473 on: March 16, 2017, 07:11:33 pm »

So, are you a climate change denier? Do you deny that people are dying of starvation caused by severe drought? Do you deny that superstorms like Sandy cost billions of $? Do you deny the sea levels have risen? That coastal areas are at risk of disappearing? Do you deny that global warming and climate change is and will continue to be a bit problem for humanity? Or don't you give a crap?

Hi Jeff,
This thread has moved on, but I couldn't resist addressing your biased reporting.  ;)

I don't deny most of your points above, so I guess I'm not a climate change denier. I've never actually met a climate change denier. However, I have met many skeptics, that is, scientists who understand that the great complexity of the subject of climate science does not allow for scientific certainty on the effects on the world climate, that rising levels of CO2 might have.

The first fact that anyone interested in or worried about climate change should understand, is that climate has always been changing throughout the history of the earth, sometimes slowly and sometimes quickly, sometimes with catastrophic effects, and sometimes with beneficial effects.

One of my favourite locations for photography is the Angkor Wat region in Cambodia. I just love walking around the many ancient ruins which cover a huge area, photographing monkeys jumping around, and the beautiful bas-reliefs of semi-clad ladies (apsaras).

One of the intriguing mysteries of this ancient Khmer civilizations, consisting of dozens of large temples connected by a huge network of canals, reservoirs and irrigation systems, is why it became deserted and lost in the jungle, until the French colonists rediscovered it in the 19th century. Why did the population disperse and never return?

We know that the Khmers were invaded by the neighbouring Thais in the 14th century, but generally the whole population of a large empire based on fertile and productive land does not just disappear because of an invasion. If they were to, would not the invaders take over and occupy the great cities?

This mystery now has a possible explanation, thanks to the work of scientists examining the tree rings of ancient trees in the area. The following article addresses the issue:
http://www.ldeo.columbia.edu/news-events/did-climate-influence-angkors-collapse

"Scientists led by Buckley were able to reconstruct 759 years of past climate in the region surrounding Angkor by studying the annual growth rings of a cypress tree, Fokienia hodginsii, growing in the highlands of Vietnam’s Bidoup Nui Ba National Park , about 700 kilometers away. By hiking high into the mountain cloud forests, the researchers were able to find rare specimens over 1,000 years old that had not been touched by loggers. After extracting tiny cores of wood showing the trees’ annual growth rings, researchers reconstructed year-to-year moisture levels in this part of Southeast Asia from 1250 to 2008. The tree rings revealed evidence of a mega-drought lasting three decades—from the 1330s to 1360s-- followed by a more severe but shorter drought from the 1400s to 1420s. Written records corroborate the latter drought, which may have been felt as far away as Sri Lanka and central China.

The droughts may have been devastating for a civilization dependent on farming and an irrigation system of reservoirs, canals and embankments sprawling across more than a thousand square kilometers. The droughts could have led to crop failure and a rise in infectious disease, and both problems would have been exacerbated by the density of the population, Buckley says."


The implication is that the Thais invaded because they realised that the civilization was collapsing due to a rapid change in climate and that they would stand a good chance of prevailing, which they did.

Another implication, and lesson to be learned from history, is that devastating climate changes can occur in any region of the planet without the help of human-produced CO2. One could argue that increased levels of CO2 will increase the frequency and severity of extreme weather events, but again there's no sound evidence that this is happening. Even the IPCC has admitted this in its latest report.

Every time there's an extreme weather event in Australia, such as a flood or a heatwave, the media reports it as the worst flood or highest temperature on record, or in living memory. However, when one later examines the records available in the Bureau of Meteorology, one usually finds that what was described as the highest or worst event on record is actually the second, third or fourth worst.

In January 2011 there was a massive flood in the city of Brisbane, Australia. I experienced it. It was described at the time as the worst flood ever, causing billions of dollars worth of damage resulting from rising river levels swamping roads and thousands of houses in the city. It was cited as yet another example of climate change due to rising CO2 levels.

Yet when I now look at a chart of the historical flood levels of the Brisbane river, issued by the Bureau of Meteorology, it's clear that in terms of flood heights the 2011 flood was not even nearly the worst on record. It was the 7th worst in Brisbane city during the past 180 years or so[/b], since records have been kept. Refer attached image. The two worst floods by a big margin, about 4 metres higher than the 2011 flood, occurred in 1841 and 1893. Refer attached photo of the 1893 flood in the heart of the city.

There's no doubt that the media is guilty of disseminating a lot of 'fake news'. I sympathise with Donald Trump in that respect.
 


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Schewe

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Re: Trump II
« Reply #1474 on: March 16, 2017, 07:21:35 pm »

And now there's this...

Medical, science research faces huge cuts under Trump budget

Quote
The National Institutes of Health budget would be cut by $5.8 billion, meaning it would lose about 20%. The Environmental Protection Agency would face $2.6 billion in cuts, that's 31% of the agency's budget. The Department of Energy would lose $900 million, or about 20% of its budget. Health and Human Services would see a $15.1 billion or 18% budget cut; as part of that, it shifts costs to industry from the Food and Drug Administration budget. The National Oceanic and Atmospheric Administration would face an 18% budget cut.

If you want to read the PDF, it's here...
AMERICA FIRST Beginning a New Chapter of American Greatness

The Washington Post says:
If you’re a poor person in America, Trump’s budget is not for you


Quote
If you’re a poor person in America, President Trump’s budget proposal is not for you.

Trump has unveiled a budget that would slash or abolish programs that have provided low-income Americans with help on virtually all fronts, including affordable housing, banking, weatherizing homes, job training, paying home heating oil bills, and obtaining legal counsel in civil matters.

#AmericaGreatAgain–not so much
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Schewe

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Re: Trump II
« Reply #1475 on: March 16, 2017, 07:37:49 pm »

I don't deny most of your points above, so I guess I'm not a climate change denier. I've never actually met a climate change denier. However, I have met many skeptics, that is, scientists who understand that the great complexity of the subject of climate science does not allow for scientific certainty on the effects on the world climate, that rising levels of CO2 might have.

The first fact that anyone interested in or worried about climate change should understand, is that climate has always been changing throughout the history of the earth, sometimes slowly and sometimes quickly, sometimes with catastrophic effects, and sometimes with beneficial effects.

Yep..."sometimes with catastrophic effects, and sometimes with beneficial effects" But it's foolish to say do nothing because "climate science does not allow for scientific certainty on the effects on the world climate, that rising levels of CO2 might have"

But...in the FIRST article I pointed to it said "The science around climate security is definitive enough for action: the military knows that you cannot have 100% certainty before acting."

it's that you cannot have 100% certainty before acting that climate change deniers cling to...

Well, if you wait until we are 100% sure of the disastrous effects of climate change, it'll be too f#&king late!

And it doesn't make sense to spend LESS money studying the problem does it?

Trump budget would gut EPA programs tackling climate change and pollution
Proposal would cut Environmental Protection Agency’s funding by nearly a third, as budget director calls money spent to combat climate change a ‘waste’

Yeah, cut funding to study the environment so we can get some shiny new bullets!
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DeanChriss

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Re: Trump II
« Reply #1476 on: March 16, 2017, 07:48:48 pm »

Yeah, cut funding to study the environment so we can get some shiny new bullets!

The United States spends only slightly more on the military than the next seven countries combined, so obviously we need to dramatically increase military spending at the expense of everything else.
« Last Edit: March 16, 2017, 07:52:06 pm by DeanChriss »
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HSakols

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Re: Trump II
« Reply #1477 on: March 16, 2017, 07:58:58 pm »

Let's make coal great again!
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Alan Klein

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Re: Trump II
« Reply #1478 on: March 16, 2017, 08:03:17 pm »

"Why the Supreme Court will uphold Trump's travel ban"

http://thehill.com/blogs/pundits-blog/immigration/324336-to-block-trumps-ban-hawaii-judge-uses-psychoanalysis-not-legal



Gee. I hope you're right.  I have told my wife on occasion that I would kill her.  I'm pretty sure it was hyperbole and bluster. In any case, I wouldn't want to go to jail for my big mouth.  Maybe it would be better if I can get someone else to say it to her for me. 

Bart_van_der_Wolf

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Re: Trump II
« Reply #1479 on: March 16, 2017, 08:03:41 pm »

The United States spends only slightly more on the military than the next seven countries combined, so obviously we need to dramatically increase military spending at the expense of everything else.

And especially at the expense of the environment, which is considered a waste of money by the President:
http://www.reuters.com/video/2017/03/16/white-house-considers-climate-change-a-w?videoId=371317109&videoChannel=1003&channelName=Politics

and of course the job training programs for coal country are also considered a waste of money:

Trump seeks to ax Appalachia economic programs, causing worry in coal country
http://www.reuters.com/article/us-usa-trump-budget-appalachia-idUSKBN16N2VF

Cheers,
Bart
« Last Edit: March 16, 2017, 09:01:15 pm by BartvanderWolf »
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