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Federal Judge Find Amnesty Unconstitutional & Obama tells courts


Posted: Dec 16, 2014

These are two articles from the Washington Times. Links are there for both since I didn't post the whole article.

BREAKING: Federal judge finds Obama amnesty is unconstitutional

A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.

Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.

 “President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote.

The judge also said the policy allows illegal immigrants “to obtain substantive rights.”

The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.


Read more: http://www.washingtontimes.com/news/2014/dec/16/judge-finds-obama-amnesty-unconstitutional/#ixzz3M6BKzOc9
Follow us: @washtimes on Twitter

 

Amnesty fight: Obama admin tells courts they’re powerless to stop executive order

The administration warned a federal judge Monday to stay out of the debate over President Obama’s deportation amnesty, saying decisions about whom to deport fall squarely within the executive’s job description, “which this court lacks authority to review.”

In its first extended legal filing in one of the court challenges to the new amnesty, the Justice Department says courts have long held that an agency’s decision whether or not to prosecute someone or to enforce the law is entitled to “absolute discretion.”

 “Federal courts sit to decide cases and controversies, not to resolve disagreements about policy or politics,” said Joyce R. Branda, the acting assistant attorney general who took the lead on filing the brief.


Read more: http://www.washingtontimes.com/news/2014/dec/16/amnesty-fight-obama-admin-tells-courts-theyre-powe/#ixzz3M6BfeuTh
Follow us: @washtimes on Twitter

 

;

He will do what dictators do, ignore the courts. - Obama is not governing

[ In Reply To ..]
under the Constitution. I have absolutely no faith in the politicians. The monstrosity they passed the other day shows me that voting no longer matters either.

Immigration - Chavera

[ In Reply To ..]
You know this ruling is meaningless, right? And also petty and vindictive.

There are 89 district courts in the U.S. - One opinion

[ In Reply To ..]
President Obama has an opinion as he is both the President and a constitutional lawyer.

Remember when Obama said Congress had a year and a half (sm) - LM

[ In Reply To ..]
to act and didn't? IOW, that gave him the right to pass a law on his own. I thought that was stupid when I heard it, and evidently the Federal Court judge agreed. They mentioned something about "just because Congress doesn't act, does not give the President the right...."

Article V is our only hope. - NM

[ In Reply To ..]
NM

IRS will be targeting the judge now. Stay - safe, judge. NM

[ In Reply To ..]
nm

It might be interesting to see what Ted Cruz and Elizabeth - Warren would come up with in

[ In Reply To ..]
a meeting, priorities being:

End corporate welfare and the Federal Reserve, return Congress to Constitutional authority, bring back family AG/Farming, small business tax cuts, cut the "payroll" taxes, stop GMO foods, etc.

It would be interesting to see what they would come up with. Food for thought.
I am sure there are others that both “populists” on the left and right could agree on and could agree to an agenda that benefits the great middle class (and poor that want to work and become “middle class” or “rich”).

You’re right that if Elizabeth Warren (and allies) and Ted Cruz (along with Rand Paul) and allies got together in a room it could be interesting what they come up with..

The judge will be Tea Party'd. - nm

[ In Reply To ..]
NM

Obama's amnesty plan also ends program for - enforcing immigration laws...

[ In Reply To ..]
We now have no borders, and now we are not even deporting convicted felons.

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