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Congressional Revocation and Alteration of Executive Orders (How to Kill the Amnesty EO)
Introduction to Legal Sources in U.S ... ^ | David Alan Jordan

Posted on 11/13/2014 2:06:46 PM PST by 11th_VA

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To: Eddie01

We have a spineless Boehner as a leader. He was once the lead singer of the rock group “Limp Lizard”. Yes he was!


61 posted on 11/13/2014 4:37:12 PM PST by MadMax, the Grinning Reaper
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To: 11th_VA

I don’t see how Congress can issue their own orders without the process of bill creation.

Don’t replace executive lawlessness with Congressional lawlessness.

I really think that the Republicans can set a trap here... and collapse the whole house of cards that is the 0bama Dictatorship. If they do such in the proper fashion we will see many from within this corrupt administration incarcerated.

Throw 0bola out of office? NOT GOOD ENOUGH. I want to see Holder, Hillary, Jarrett, Holly Paz and Lois Lerner (for starts) in JAIL.

Minimally, I want to see Barry Soetoro’s FBI file published and see him deported to Indonesia or Kenya or wherever it is that he came from.


62 posted on 11/13/2014 4:38:11 PM PST by Rodamala
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To: Rodamala
See post 60 - the "shall not have the effect of law" rider needs to get attached to something Obama wants. But not the ENTIRE budget - that will be a veto and the GOP will get blamed.

GOP needs to play 'small ball' for the rest of the time Obama is in office.

Very shortly you will hear DAILY calls from the RATS on why they need 'COMPREHENSIVE' bills. They do not want to have to veto everything. At some point, the public will figure out who the REAL Party of 'NO' is ...

63 posted on 11/13/2014 4:46:41 PM PST by 11th_VA (Impeachment is not the answer)
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To: 11th_VA; P-Marlowe; betty boop; Alamo-Girl; jazusamo; Girlene

The underlying assumption of this article is that the president does not ‘own’ the laws passed by Congress; he simply executes them. Those laws are still ‘owned’ by Congress, and can revoke actions that do not properly execute ‘their’ laws.

I find it very hard to believe that the Constitution intended a president’s execution authority to include picking and choosing parts and pieces of laws to be executed at the president’s whim. If that were true then laws might as well not even be passed, because selective enforcement or lack of enforcement would allow the construction of an entirely different law than the one actually passed.

It is inconceivable to me that the Founders meant such a definition when they envisioned the president as ‘chief executive’.


64 posted on 11/13/2014 4:53:49 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Eddie01

Right? Wondering why republicans have not mentioned revocation of E orders?


65 posted on 11/13/2014 4:55:27 PM PST by servantboy777
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To: House Atreides

Yes, you are right. He seems to stupidly be drawing another fake red line. He is really good at boxing himself into corners of his own making due to his punk attitude and immaturity.


66 posted on 11/13/2014 4:56:12 PM PST by dandiegirl
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To: 11th_VA

The part that you are missing is “not constitutionally based.”

The President has unlimited Constitutional power to pardon.

Obviously this is how 0bama can abuse the system. I don’t like it anymore than you do, but pretending that Congress can override a pardon is a fool’s errand.


67 posted on 11/13/2014 4:56:48 PM PST by Southack (The one thing preppers need from the 1st World? http://tinyurl.com/ktfwljc .)
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To: Rodamala

Throw 0bola out of office? NOT GOOD ENOUGH. I want to see Holder, Hillary, Jarrett, Holly Paz and Lois Lerner (for starts) in JAIL.

Minimally, I want to see Barry Soetoro’s FBI file published and see him deported to Indonesia or Kenya or wherever it is that he came from
___________________________________________________________-
I want to see the exact same things as you do. Wouldn’t that just be the best to see all these super arrogant crooks go to jail?!


68 posted on 11/13/2014 4:59:24 PM PST by dandiegirl
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To: 11th_VA
Should be 'Game-Set- Match' by Congress.

It would be if we had leaders that loved the United States.

Boehner and McConnell's primary focus is trying to find a way to seemingly oppose Obama all the while granting full amnesty for what will be over 40 million third world anti-American, anti-English future RAT voters.

We are truly about to witness the final irreversible destruction of the United States as Founded.

I am not giving up. I am seeing the cold hard reality we face.

69 posted on 11/13/2014 5:02:07 PM PST by sand88 (We can never legislate our way back to Liberty)
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To: dandiegirl
I’m skeptical that BO will do this.

With the indirect help of McConnell and Boehner he will somehow grant Amnesty to what will be at least 40 million third worlders (over 5 years)

we are about to witness the checkmate of our Republic as Founded.

70 posted on 11/13/2014 5:07:24 PM PST by sand88 (We can never legislate our way back to Liberty)
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To: xzins
Clinton got shot down in an EO which ended with Chamber of Commerce of the United States v. Reich

In the case, Clinton issues an EO that said:

"contracting agencies shall not contract with employers that permanently replace lawfully striking employees"

They were taken to court and the court and lost. Here's a summary of the result

Chamber of Commerce of the United States v. Reich upheld the ruling in Marbury v. Madison that actions of the executive branch can be subject to judicial review. It further clarified the principles by which the courts could determine which law should prevail when different statutes are in conflict. The decision stated that the Procurement Act cannot be interpreted to give the president authority to set procurement policy in such a way that it, in effect, regulates national labor policy.

The issues in Chamber of Commerce show how the constitutional system of checks and balances works. The decision clarifies that the broad powers invested in the president by acts of Congress must be used in ways that are constitutional and that also conform to the express intent of the legislature.

Read more: Chamber of Commerce of the United States v. Reich - Impact - Constitutional, Decision, President, and Policy - JRank Articles http://law.jrank.org/pages/25381/Chamber-Commerce-United-States-v-Reich-Impact.html#ixzz3J06RBLld

71 posted on 11/13/2014 5:14:30 PM PST by 11th_VA (Impeachment is not the answer)
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To: Southack
Constitutional power to pardon

Pardoning and Granting Amnesty are two different things.

He CAN'T grant amnesty, but he can delay deportation and issue IDs giving legal status. He's hoping no one will be willing to take the IDs away at a later date

72 posted on 11/13/2014 5:17:06 PM PST by 11th_VA (Impeachment is not the answer)
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To: dandiegirl
He seems to stupidly be drawing another fake red line.

I hope you are right ...

73 posted on 11/13/2014 5:17:56 PM PST by 11th_VA (Impeachment is not the answer)
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To: skeeter
I wonder what then.

There would be a clear "serparation of powers" case to bring forward to the SCOTUS -- as opposed to the idiotic lawsuit that Boehner has heretofore threatened to bring.

As a separation of powers issue, it would be an open and shut case -- meaning, with this court, a 5-4 majority.

Admittedly, this President would probably ignore the court -- just as he is ignoring Congress.

However, the benefit would be that any and all actions toward amnesty taken by the President would be ipso facto illegal from the outset. Accordingly, the next President could legitimately (and inarguably) erase them with his own pen.

74 posted on 11/13/2014 5:18:57 PM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: ckilmer

I just sent this to Rush Limbaugh and requested he talk about it tomorrow. Need to get as many FReepers as possible to email him and make this go viral on his program. Rush email at ElRushbo@EIBnet.com


75 posted on 11/13/2014 5:30:32 PM PST by Evil Slayer ((Onward, Christian soldiers, marching as to war....))
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To: drpix

There have been suggestions that the forms and IDs may have already been printed up.


76 posted on 11/13/2014 5:36:50 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Boogieman

Many seemed to. It was just overshadowed.


77 posted on 11/13/2014 5:37:44 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Southack
The President has unlimited Constitutional power to pardon.

How can a pardon for a specific crime be effectuated prior to conviction for said crime?

78 posted on 11/13/2014 5:53:10 PM PST by gasport (Immigration reform means arriving in air-conditioned comfort.)
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To: 11th_VA
he can delay deportation and issue IDs giving legal status

U.S. Constitution - Article 1 Section 8 Clause 4
The Congress shall have Power … To establish an uniform Rule of Naturalization

79 posted on 11/13/2014 5:56:22 PM PST by gasport (Immigration reform means arriving in air-conditioned comfort.)
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To: okie01
Since this president has been so willing to violate the spirit if not the letter of the Constitution, why should the congress?

In each case Obama exceeds his authority congress should react in kind - if he declares amnesty, rather than 'shut down the government' congress should specifically remove any funding that would be used to implement the amnesty.

Treat the bastard like Pavlov's dog.

80 posted on 11/13/2014 5:56:50 PM PST by skeeter
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