Presidential Bad Faith Laurence Tribe
On January 20, 2017, Donald J. Trump did “solemnly swear . . . [to] faithfully execute the office of President of the United States,” and to “to the best of [his] ability, preserve, protect and defend the Constitution of the United States.” The Constitution that Trump swore to preserve contains many limits on his own power—including the Take Care Clause of Article II, which commands that the President “shall take Care that the Laws be faithfully executed.” . .
But can it be seriously believed that Trump does anything “faithfully”? That he even understands the ideas embodied in the Constitution, let alone that fidelity to its text and spirit—and to the project it embodies—have purchase in his mind? That legal considerations, as distinct from wealth, power and politics, matter to him?'>>> http://takecareblog.com/blog/presidential-bad-faith
See You In Court 2.0
Last night, a federal judge in Hawaii blocked Trump's revised entry ban. Here is a detailed analysis of its decision and an assessment of what likely will happen next in that litigation. . .
But the Ninth Circuit’s ruling and the district court decision that preceded it did not occur in a vacuum. They occurred in the midst of the protests that surrounded the original EO, protests which made plain that many people understood that the EO embodied anti-Muslim and anti-immigrant sentiment. It is easier for courts to make that same leap if others around them do the same. It may also be easier for courts to stand up to the President when they see other people doing so as well. The President has already challenged federal judges’ authority to review the constitutionality of his actions. Protests provide some indication that the people will stand up for the courts when the President refuses to.
In the debates over the Bill of Rights, Alexander Hamilton wrote that our “security, whatever fine declarations may be inserted in any constitution respecting it, must altogether depend on public opinion, and on the general spirit of the people.” James Madison made a similar point in a letter to Thomas Jefferson, writing that “a bill of rights will be good ground for an appeal to the sense of the community.” The Constitution—and our laws—are there. But it is up to us, as a community, to make good on them.'
http://takecareblog.com/blog/see-you-in-court-2-0
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