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Presidential Power Over Immigration
The Coach's Team ^ | 2/16/18 | KrisAnne Hall

Posted on 02/16/2018 8:36:00 AM PST by Oldpuppymax

Does the President have authority over immigration? That question cannot be answered by quoting a particular article, section, and clause. The Constitution must be applied.

First, we must consider whether immigration involves a power delegated to the federal government. The answer to that question is yes and no. The authority to create “a uniform Rule of Naturalization” is vested in the federal government. However, not everything our federal government currently considers as immigration falls under this delegation.

The power over foreign immigration is delegated through Article 1 section 8 clause 4; “To establish an uniform Rule of Naturalization.” Because it is delegated under Article 1, we know this power is specifically vested in Congress. Separation of powers dictates that since the power to establish this Rule rests with Congress, it cannot be exercised by any other branch. But if the executive branch may not ESTABLISH the Rule of Naturalization, what authority does the President have over the naturalization process?

Article 2, section 1, clause 8 tells us the Oath each President must take before he enters into office. This oath lays the foundation for all executive power:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

The President’s primary responsibility is to “preserve, protect and defend the Constitution of the United States.” To fulfill this obligation, the President must exercise the powers delegated to the executive branch, but he also must refuse to exercise any power...

(Excerpt) Read more at thecoachsteam.com ...


TOPICS: Government; History; Society
KEYWORDS: blogpimp; congress; constitution; immigration

1 posted on 02/16/2018 8:36:00 AM PST by Oldpuppymax
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To: Oldpuppymax

In most countries if you are an illegal alien, ANY contact with ANY government official WILL result in your arrest.

Sane countries protect their borders, laws and citizens.


2 posted on 02/16/2018 8:38:55 AM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace-No Islam, Know Peace)
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To: Oldpuppymax

DACA was never a law. DACA came from an EO declared by the Traitor In Chief.


3 posted on 02/16/2018 8:39:04 AM PST by abclily
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To: Oldpuppymax

Set in stone.
1954 USSC decision
It’s over
Exec has 100% control. Done


4 posted on 02/16/2018 8:43:17 AM PST by Truthoverpower (The guvmint you get is the Trump winning express !)
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To: abclily

DACA was not an EO. It was a policy memorandum issued by Janet Napolitano, Homeland Security Secretary, in June 2012.


5 posted on 02/16/2018 8:43:34 AM PST by savedbygrace
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To: Oldpuppymax
The Supreme Court rule against Arizona just a few years ago that the government controls immigration. So state laws that infringe upon it should be null and void.

A bigger challenge today is that we have an activist judiciary that things they can legislate from the bench. That will end soon, as history shows a bit of ebb and flow in all this, but the havoc they can cause in the interim is outrageous. I suspect Trump's judicial picks will be the cause of that swing back.

6 posted on 02/16/2018 8:48:30 AM PST by Reno89519 (Americans Are Dreamers, Too! No to Amnesty, Yes to Catch-and-Deport, and Yes to E-Verify.)
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To: Oldpuppymax

At this point, we may be way beyond quibbling over minor points of law? and/or what passes for law to whomever is wearing the brass balls at any particular time.

The Con-Con of 1787 nd its results was an open door to all the bs that has eventually overwhelmed us in every aspect of our Americanism! Best summed-up, at the moment, as Cultural Marxism, etc., but known by many names.

Thankfully, we now have a real American at the helm!
And if he can Make America “AMERICAN” Again, we’re doing damn well!
Screw all the nice language and plain bs!
We’re overwhelmed!
And the enemy within and without damn sure knows it!

TRUMP.45 COCKED & LOCKED IF WE Can Keep Him!
And if all the i’s are not dotted and the t’s crossed, so be it!

GunnyG@Planet WTF!
Semper TRUMP: THE AMERICAN (NOT AINO) President!
****************************************************


7 posted on 02/16/2018 8:51:55 AM PST by gunnyg ("A Constitution changed from Freedom, can never be restored; Liberty, once lost, is lost forever...)
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To: Lurkinanloomin

>>Sane countries protect their borders, laws and citizens.<<

What is “funny” (read: ironic) is compassionate, uber-liberal Canada protects their borders with the fervor of the Berlin Wall protectors.

The CBP is VERY strict and Canadian expulsion laws are tough — AND ENFORCED.


8 posted on 02/16/2018 8:52:20 AM PST by freedumb2003 (obozo took 8 years to try to destroy us. Trump took 1 to rebuild us. MAGA!!)
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To: Oldpuppymax

Naturalization is the process of applying for entry, and becoming a citizen.
It is a separate issue from border jumping invasions.
I’m no lawyer, but is is not too hard to discern the difference.


9 posted on 02/16/2018 10:59:27 AM PST by Fireone (Lock Her Up! (and 100 of her accomplices))
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To: All

The rule of law is almost gone. A Judge can throw out an EO based on campaign rhetoric and then said Judge’s ruling is not immediately dismissed we have just about lost the the rule of law.


10 posted on 02/17/2018 7:52:43 AM PST by gibsonguy
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