Posted on 11/13/2014 2:06:46 PM PST by 11th_VA
I'm not a lawyer, but my first thought was the same thing, because a bill passed by Congress does not become a law until signed by the president. But then I realized that an Executive Order is not a law, so it would not necessarily take a law to rescind it. But like I said, I'm not a lawyer, so don't take my word for it. But it seems to me that it certainly would allow Congress to sue the president if he continues to enforce an executive order that has been rescinded by Congress. Separation of powers, and all that stuff. Not sure they'd win, though.
“But then I realized that an Executive Order is not a law, so it would not necessarily take a law to rescind it.”
The only real means Congress has to do much of anything is passing laws. I mean, they can hold a hearing on something, or make a press release, but stuff like that is not going to have any effect on an executive order. If they want to cancel it out, whether they do it with a law, or by removing funding, they have to pass a bill to do that. So, yeah, they would probably need to overcome a veto.
I think that is why defunding is the natural route here. The president can veto the spending bill, but then then he would be the one forcing a government shutdown, and I don’t know if he has the stones for that.
Yes. But that doesn't mean that the 1st act of a GOP Congress should not be to revoke such a clearly lawless Executive Order as Amnesty.
It must be done to put all members of Congress on the spot with the American people for their vote on the Revocation and Veto override.
The linked citation's additional remedies of denying/prohibiting all appropriations (salaries , expenses, etc.) connected with the Amnesty Executive Order must also be immediately but separately implemented by Congress.
The Demagogic Party and its fellow trav NGOs have been beating on Hillary at her rallies, and other politicians, threatening them — but the ballot box early this month put a much deeper scare into them.
Great find. Bump!
Judge Andrew Napolitano gives a clear, concise and objective thumbs DOWN to Obama’s halting of deportations. Not legal.
“I’m skeptical that BO will do this. We all know that he is a coward....”
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I’m a little skeptical also. BO is, after all, the person who famously said “Don’t call my bluff!” not realizing what a stupid thing that is for the bluffer to say.
If BO DOES do this unconstitutional act, I suspect it will end VERY badly for both Obama and the ‘RATS. It will also not end well for any “enabling” RINOs.
“I’ll have to correct my own post. There is some clause in the Constitution that gives Congress the authority to limit the Supreme Court in its rulings, not necessarily the authority to reverse a ruling.”
Congress can take away jurisdiction from the Supreme Court to decide cases or subsets of cases.
So the vehicle is there to stop the assclown.
Remains to be seen whether the testicles are present.
“Yes. But that doesn’t mean that the 1st act of a GOP Congress should not be to revoke such a clearly lawless Executive Order as Amnesty.
It must be done to put all members of Congress on the spot with the American people for their vote on the Revocation and Veto override.”
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“...the first act of a GOP Congress..” Great point drpix! Let’s get the ‘RATS still extant in the next Congress (as well as all the Chamber of Congress GOPe RINOs) on the record on this FIRST THING when the new Congress convenes. Let’s help them sign their political death warrants.
Yeah, you’re probably right.
The good thing is that they don’t have to do a thing to defund something. They just have to not do something—put funding into a bill. So there is no way for Obama to veto a non-action. Of course, he can stamp his feet and threaten to veto any bill that doesn’t fund his executive order, but that does put the “bad” on him when the government shuts down.
... if they have the cojones to do it. I’m betting they won’t.
Save
Martial Law is his only option....
this information needs to be moved up the line quickly to people who can make use of it.
Part of the problem is undoing issued certifications, especially with Congress’ slow procedures (Constitutionally intentional).
This looks promising.
He instigated the last shut down, and then blamed the Republicans for it. He got away with it too.
Boner is another WRONG street...the Pubbies are going down.
Yes. But that doesn’t mean that the 1st act of a GOP Congress should not be to revoke such a clearly lawless Executive Order as Amnesty.
2) they’d have to do more than simply block the EO, as the certification would be done.
3) it would likely have to overcome a veto.
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