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What Trump Can Teach Us About Con Law

Judicial Legitimacy

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.74.2K Ratings

🗓️ 8 June 2017

⏱️ 12 minutes

🧾️ Download transcript

Summary

Back in February 2017, Trump tweeted a criticism of the “so-called judge” who blocked the enforcement of his travel ban. Why does the president have to listen to what the courts say? We’re going to tell the story of a key moment in history when the president (Truman, in this case) and the court strongly disagreed.

Transcript

Click on a timestamp to play from that location

0:00.0

Okay, so here's a tweet from Trump on June 5th, 2017.

0:05.0

In any event, we are extreme vetting people coming into the US in order to help keep our country safe.

0:12.0

The courts are slow and political, exclamation point.

0:17.4

Which brings to mind this question, which is a question that does not normally come up.

0:22.4

Why does the president have to do what the Supreme Court

0:25.4

says or any court really? Why does he have to care? So you remember in February

0:30.6

when a federal judge temporarily blocked the enforcement of the

0:34.4

president's first travel ban, the one that barred entry to the US for citizens of

0:38.6

seven majority of Muslim countries, Trump said in a tweet, he's criticized the opinion of this so-called judge.

0:46.6

The so-called judge in this case was U.S. District Judge James L. Robart.

0:51.6

So a lot of people are aware of this ban because it sparked a huge outcry.

0:56.2

We saw large protests at airports around the country.

0:59.8

Volunteer lawyers were rushing to help people who were being detained.

1:03.3

But let's just focus on the tweet itself and think about what it means.

1:07.5

What's pretty remarkable about the president's comment there is that it's an attack on judicial

1:11.8

legitimacy, that this idea that judges are legitimate

1:15.2

and that the rulings that they make are legitimate too. So that brings up the

1:19.5

really maybe unusual or weird question of whether Trump has to bother to listen to the

1:24.4

courts at all. It's not a typical question we ask about presidents but he's not

1:28.6

a typical president. I know this is not normal. So one of the amazing things about living in 2017 is that we are starting to ask questions about stuff that we've always sort of taken for granted.

1:40.0

Yep, that's why we're getting down to the fundamentals.

1:44.0

This is what Trump can teach us about Khan Law, an ongoing series of indefinite length

...

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