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Obama Cannot Hide Behind Immigration Precedent
breitbart.com ^ | November 22, 2014 | Curt Levey

Posted on 11/22/2014 11:57:19 AM PST by Tailgunner Joe

As justification for the President's controversial executive order, his administration cites the Constitution's Take Care Clause. The problem for Obama is that this constitutional provision, instructing the President to "take care that the Laws be faithfully executed," gives him discretion about how to enforce the law, not discretion about whether to enforce the law.

President Obama admitted as much earlier this year in an interview with Univision, explaining that "the reason that these deportations are taking place is, Congress said, ‘You have to enforce these laws.’ … And I cannot ignore those laws any more than I could ignore, you know, any of the other laws that are on the books."

Claims that Obama's unilateral action on immigration merely enforces current immigration law do not pass the laugh test, given his repeated vow to issue an order that would be an improvement over what he sees as a dysfunctional immigration system. Replacing the current law with something more functional is a far cry from enforcing or trying to enforce the current law.

The White House says the President is simply engaging in the long-established practice of prosecutorial discretion—that is, he's prioritizing resources insufficient to target all of the more than 11 million immigrants illegally in the country. But prosecutorial discretion is a power exercised in service of a law's enforcement, not a euphemism for doing an end-run around a law you believe is dysfunctional or ill-conceived.

Whatever justification Obama had under the principle of prosecutorial discretion—and it wasn't much in light of the millions covered by the order and the President's intent to thwart, rather than carry out, Congress' intent—evaporated when it became clear that the administration plans to issue work permits to those covered.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Front Page News; Government; News/Current Events
KEYWORDS: aliens; amnesty; highcrimes; impeach; obama; treason

1 posted on 11/22/2014 11:57:19 AM PST by Tailgunner Joe
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To: Tailgunner Joe

Its a shame no one in the ‘legit’ news media has the integrity to point out the obvious untruth in the White House’s justification.


2 posted on 11/22/2014 12:08:08 PM PST by skeeter
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To: Tailgunner Joe
With a maggot like obola, constitutional limits don't mean a thing unless someone more powerful can enforce them. We've arrived at the point where either that someone steps up or the pretender continues to push.

With public support strongly against him, now is the time to act.

3 posted on 11/22/2014 12:10:01 PM PST by IronJack
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To: Tailgunner Joe
From Article IV, Section 4 of the US Constitution:

The United States shall ... protect each of them against Invasion;...

An invasion force doesn't have to have tanks and helicopter gunships to be an invasion force.

The Won is claiming he can use "prosecutorial discretion" to ignore the very Constitution itself.

4 posted on 11/22/2014 12:12:26 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Tailgunner Joe

Obama to illegal aliens “If you don’t like our laws you don’t need to keep our laws”


5 posted on 11/22/2014 12:38:11 PM PST by Tennessee Nana
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To: Tailgunner Joe

Take Care Clause is that anything like the Santa Clause. Or The one whereby Lea Thompson stars in the Christmas Clause. What wasn’t there something about the Good and Plenty Clause for ObamaCare? Gee, take whatever clause you want out of the Constitution and form an entirely new direction. So that what comes of making the US Constitution becoming a living breathing document.


6 posted on 11/22/2014 12:39:39 PM PST by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: DuncanWaring

there were no tanks of helicopter ships when the Constitution was written...

Invasion was invasion by people..


7 posted on 11/22/2014 12:39:59 PM PST by Tennessee Nana
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To: DuncanWaring

And how does prosecutorial discretion grant the illegals rights like social security cards? If you decide not to arrest them, fine, they weren’t being deported anyway. But how does that grant them rights they didn’t have?


8 posted on 11/22/2014 12:49:55 PM PST by skippyjonjones
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To: Tailgunner Joe

Prosecutorial discretion does not mean I reward with new, illegal benefits those I’m not going to prosecute.


9 posted on 11/22/2014 12:58:46 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: Tennessee Nana

That’s what I said - the fact that the invaders don’t have tanks and helicopter gunships doesn’t mean they’re not invaders.


10 posted on 11/22/2014 1:14:56 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: DuncanWaring
That’s what I said - the fact that the invaders don’t have tanks and helicopter gunships doesn’t mean they’re not invaders.

It's a matter of national security. Some of those invaders could be sleeper cells or suicide bombers.

Obama is failing to live up to his main responsibility; the protection of American citizens.

11 posted on 11/22/2014 3:22:07 PM PST by Know et al (Keep on Freepin'!!!)
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