No, Trump can’t legally postpone or give reprieve to TikTok. The time has passed for that.
Once Congress has enacted a statute and the President has signed it into law, the executive branch must enforce it. An executive order cannot override or suspend a duly passed law unless Congress included an explicit waiver or suspension provision in that law. Nothing in the text of this act appears to grant the President such discretion, so there is no straightforward way for the President to “undo” or pause the ban by executive order. The only way to alter or lift the ban would be through new legislation or a valid constitutional challenge in court.
That seems unlikely considering the Supreme Court already rules on the matter.
That's not the law that passed. The law that passed is https://www.congress.gov/bill/118th-congress/house-bill/815
(lengthy law -- see DIVISION H—PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT), page 62 in the PDF.
Also, both the House and the Senate have pending legislation to extend the deadline.
* Legally the executive is not granted this power.
* But in practice they are because who's going to make them?
The entity responsible for enforcement always has this power. It's why DA races where the platform is essentially law nullification by way of non-enforcement have been happening for some light criminal justice reform that can't get through the legislature.
The executive branch has a clear history of selectively not enforcing laws, so there is clear precedent. The most notable recent example is that the last three presidents have all chosen to not enforce federal law on marijuana in states that have chosen to legalize it.
That is a somewhat different scenario as the battle over marijuana laws would boil down to a state's rights issue. Many states have claimed authority over deciding whether marijuana is legal, effectively claiming that the federal government doesn't have jurisdiction on the issue.
But that's the point isn't it. He's testing the waters.
There will be no consequences and therefore few limits to his power.
Welcome to the new dictatorship.
I'll post this here for posterity:
He'll find a way to get a 3rd term in power. Maybe he'll claim the constitution means no 2 consecutive terms, maybe he'll just ignore it, start a war, whatever.
But I'd be willing to bet on it. In fact, I just might...
A little bit difficult to get the president elect who is to be inaugurated today (the 20th) when that same president elect in his own words reasonably believes that the 2020 election was stolen.
I think we're all very certain that a thorough investigation into the 2020 election will clear up any concerns about it.
It's not illegal, nor a high crime. It is in fact established precedent that this is in the purview of presidential power. This is why FBI agents are not raiding every marijuana shop in DC or the states that legalized it: since Obama, every president has chosen to instruct the justice department not to enforce federal law in this matter in those states.
Marijuana shops were deemed legal on the state level, you are comparing a real conflict in federalism to ignoring a congressional and supreme court ruling with massive national security implications on day 1.
Again, you picked an example of a real conflict between state and federal law and compared it to an unambiguous law passed by congress confirmed by the supreme court that the incoming POTUS will simply ignore.
No, that is not normal. Feeling like i'm going to be gaslit everyday for the next 4 years so i'll save that statement somewhere in a word doc.
As opposed to the Democrats that refuse to enforce immigration law, or refuse to prosecute all sorts of crime they don't feel like (Except when they have to "Get Trump by all means")?
We can play this game all day, so let's just agree Democracy is broken.
Immigration isn't a democrat issue. From where I sit both parties are actually pretty well aligned on that one.
Obama was surprisingly tough on immigration. ICE was doing raids at the time, I remember hearing about raids at the industrial chicken farms not far from where I live. Obama was also working heavily with Mexico to stop immigration at Mexico's southern border.
Illegal immigration is going to be an unsolvable problems regardless of party, as long as we have the incentive of welfare programs that make it financially lucrative just to physically be in the country. I'm not arguing to get rid of those programs, but the incentives are there to come illegally and there's just no feasible way to secure such a large border with land, air, and sea travel.
No, Trump can’t legally postpone or give reprieve to TikTok. The time has passed for that.
Once Congress has enacted a statute and the President has signed it into law, the executive branch must enforce it. An executive order cannot override or suspend a duly passed law unless Congress included an explicit waiver or suspension provision in that law. Nothing in the text of this act appears to grant the President such discretion, so there is no straightforward way for the President to “undo” or pause the ban by executive order. The only way to alter or lift the ban would be through new legislation or a valid constitutional challenge in court.
That seems unlikely considering the Supreme Court already rules on the matter.