Posted on 04/08/2015 10:31:29 AM PDT by bestintxas
A federal judge has wrongly prevented "lawful, commonsense policies" from taking effect by blocking President Barack Obama's executive action that seeks to shield millions of immigrants from deportation, the White House said Wednesday.
The administration released a statement criticizing U.S. District Judge Andrew Hanen's decision to keep a temporary hold on the president's policies. The U.S. Department of Justice had asked Hanen to lift the stay, but the Texas judge refused in a ruling late Tuesday night.
Hanen initially granted a preliminary injunction on Feb. 16 at the request of 26 states that oppose Obama's action. The states, led by Texas, filed a lawsuit challenging the order.
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Hanen's latest ruling upholds the status quo: The Obama administration is temporarily barred from implementing policies that would allow as many as five million people in the U.S. illegally to remain.
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The Justice Department had already appealed to the 5th U.S. Circuit Court of Appeals in New Orleans to lift Hanen's injunction. The appeals court was scheduled to hear arguments April 17.
In his order late Tuesday, Hanen said the government hasn't "shown any credible reason for why this Directive necessitates immediate implementation."
The 26-state coalition is suing to overturn Obama's executive action, arguing that it is unconstitutional and would force them to invest more in law enforcement, health care and education.
Justice Department attorneys have argued that keeping the temporary hold harms "the interests of the public and of third parties who will be deprived of significant law enforcement and humanitarian benefits of prompt implementation" of the president's immigration action.
Obama announced the executive orders in November, saying a lack of action by Congress forced him to make sweeping changes to immigration rules on his own.
(Excerpt) Read more at newsmax.com ...
Poor W just did not realize he was witnessing the end of America. Obama does. He delights in it.
Well, let’s see, we have learned that when the government characterizes anything as “commonsense”, it’s not, so we can extrapolate that when the government characterizes anything as “lawful”, it’s not.
Thank You Congress for letting this horror story in our White House continue.
Nice job of screwing up America and its government. No work for and by the people.
They are here illegally. They hang those they hate on far, far less technicalities, on the merest implications of something wrong.
You fags lied to the judge and if he were fully in control of his faculties he’d find you in contempt, at a minimum.
But before indicating major constitutional problems with so-called federal immigration laws, please keep the following in mind as you read this post. Unconstitutional federal immigration laws would probably not be in the books if state lawmakers hadn’t ratified the ill-conceivved 17th Amendment, foolishly giving up their voices in Congress by doing so.
Regarding so-called federal immigration laws, please consider this. It remains that regardless of PC interpretations of the Constitution’s “Uniform Rules of Naturalization” Clause (1.8.4), interpretations used to justify federal immigration laws, and also despite the slavery clause (1.9.1), that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate immigration.
In fact, both Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had referenced 10A to clarify that the feds don’t have the constitutional authority to regulate immigration.
As mentioned in related threads, here again is the relevant excerpt from Jefferson’s writing.
“4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” —Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.
And here is the related excerpt from the writings of James Madison in Virginia Resolutions.
"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...…
… the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”— James Madison, Draft of the Virginia Resolutions - December 1798.
In fact, regardless that federal Democrats, RINOs, activist judges and indoctrinated attorneys will argue that if the Constitution doesn’t say that the feds can’t do something then they can do it, the Supreme Court has addressed that foolish idea too. Politically correct interpretations of the Constitution's Supremacy Clause (5.2) aside, the Court has clarified in broad terms that powers not delegated to the feds, expressly via the Constitution, the specific power to regulate immigration in this case, are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Getting back to the 17th Amendment, the reason that there are federal immigration laws in the books is this. The Founding States had not only established the federal Senate, but had given control of the Senate uniquely to to state lawmakers. The Founders gave state lawmakers unique control of the Senate so that senators could protect their states by killing House bills which not only attempted to steal state powers, but which also stole state revenues associated with those powers.
And the reason that the 17th Amendment screwed up this constitutional safeguard provided by the Senate is the following. Low-Information voters go home and watch football after voting for their favorite federal senators, oblivious to the idea that their corrupt senators are working in cahoots with the corrupt House make constitutionally indefensible immigration laws to win votes for RINOs and Democrats.
The 17th Amendment needs to disappear.
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