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Comments point to its, hasn t resulted in an executive order but with the military decision that falls under the exception of the posse comitatus act that active-duty military can provide support roles as long as it is not law enforcement. the third issue is overreach. the courts accord difference to the president and his exercising of power as does congress which provides to him the authority to present classes of aliens including all classes of aliens from entering or crossing the border for facially positive reasons and taking it a step further they are not allowed to go behind-the-scenes to determine whether or not it is legal. there are multiple issues. shannon: the president says this executive order, executive action is coming. should they wait until they have ....
The letter that the president s position is consistent with the one held by the doj for centuries, that the courts do have the final say, but there s a suggestion that when it comes to the commerce clause, the courts should give congress some leeway, and the letter talks a lot about precedent and says the courts accord particular deference when evaluating the appropriateness of the means congress has chosen to exercise its enumerated powers, including the commerce clause, to accomplish constitutional ends. and judge smith from the fifth circuit court of appeals told attorney general holder he wanted a 3-page single-spaced letter. he didn t quite fill up that third page but the letter certainly lays out a lot, jon. jon: so that s the attorney general s explanation. is the white house amplify thank letter at stphaul. well, the white house is still trying to explain the president s comments from monday about the courts, and at a briefing yesterday, press secretary jay carney was challen ....