The DACA Decision and the Judicial Threat to the Rule of Law

SCOTUS will rule in favor of Trump.

Till then, if I was Trump, I would tell those Federal Judges to kiss my arse and start looking for new jobs cause replacements are being sought.....

Nice thought, but federal judges have lifetime appointments.

Umm, no they do not.....

They can indeed be replaced....

This is the best article I have seen that sums up exactly what is happening in the DACA cases. A must read in its entirety.

So increase the number on the court until he has appointed a majority who recognize The Constitution of The United Sattes ... and put that lying bastard, fraud, Soetoro, in prison sharing a cell with her lowness Illary Clintoon..

What needs to be done is a review, censure and/or impeachment of the Hawaiian Judge for an unconstitutional ruling. Make an example of him.

Amazingly, the local Miami media has REPORTED VIRTUALLY NOTHING regarding the rule of law. We get PLENTY of info about how great it is that this judge is ignoring the Constitution....advocates for amnesty are given applause.

Few quick thoughts-

1) DACA is a program created by EO, therefore it is not law per se, it is policy ( the POTUS cannot make laws-nor finance any such policy).

2) EOs are often absorbed by congress in funding bills, else there is no means to execute the policy, therefore congress can void any ability to enact policy driven by any means, especially by EO.

3) Any judge that declares any EO driven policy whether funded by congress or not, as law must be called to the carpet by both the congress and the administration.

4) Any administration that decides to change EO driven policy, whether or not it is funded by congress, is well within its power to so do. To allow a judge or even congress, absent a duly passed law, to interfere with its decision on policy matters, ought to and should, tell them to a) stay in their lane and butt out, or b) tell them to pass a law that then requires the administration to act in good faith to uphold that law.

5) Just as any unlawful act by the administration, or congress or the judiciary is null and void on its face, the other co-equal branches need to squash the judiciary when they over step. The Judiciary cannot by default enact laws, only can they advise on what is within the law as it is written.

In conclusion, the administration needs to declare that the DACA is unlawful on its face, not a law and therefore discretionary in its scope and that within that discretion granted the executive, it is declared null and void by the same power that enacted the policy in the first place. Then simply refuse to discuss it further, enforce the new policy ( which means to do nothing regarding the provisions of DACA since there is no mandate of law to so do).

” At no point may he take action that contradicts the Constitution or statutes...”

Interesting defense for him if he tells the courts to SHOVE IT on DACA. For if he follows the courts, that means he’s neither following the statutes nor the Constitution, and could be impeached for that. In other words, if he continues to permit DACA due to reasons outside of the Constitution or statutes (i.e., the courts), Trump will be BREAKING THE LAW and would be subject to removal.

This is judicial supremacy at its worst. It usurps executive authority, and it perverts the very concept of rational-basis review into a freewheeling grant of judicial authority to evaluate presidential actions according to arbitrary and utterly subjective standards.

And the Quisling Inferior judge created and under Direct Control of Congress should be Arrested and Held in prison until the outcome of this case is Finalized by the Supreme Court.

In All cases where a State is a party to the Action, the Supreme Court SHALL Have Original Jurisdiction.

does this Judge believe he is the Supreme Court???

An Executive Order was never issued.
It was a policy change introduced by Homeland Security.
There is no Executive Order for DACA.

The wheels are in motion----struggling Americans are subsidizing Obama's cockamamie dreams w/ our hard-earned tax dollars. Read on:

CIRCA 2015----The Largest, Best Funded Voter Fraud Operation in US History Happening Before Your Eyes
Red Statements ^ | 3/12/2015 | Steven Ahle / FR Posted by HomerBohn

Within the first couple of months of Obama’s illegal immigration executive memos he signed on AF One, at least ninety thousand Social Security cards were issued to illegal aliens. Now Senators Ben Sasse and Jeff Sessions want answers on how many additional social security cards were issued. The answer is important because it will allow citizens to know just how much money taxpayers are spending on illegal aliens.

Social Security cards are keys of the kingdom to illegal aliens. With them, they are able to access a number of all sorts of benefits, including the Earned Income Tax Credit, Social Security disability payments or Social Security’s supplemental income program.

The senators also want to know how much in benefits these illegals have collected. The senators have yet to connect the dots in Obama’s real scheme. Let me help them out.

Social Security cards besides making illegals eligible for benefits, can have a more profound problem for the United States. The cards make it very easy for illegals to register to vote, even in states with voter ID laws.

One of the documents accepted for registering to vote is………….Social Security cards. But administration officials don’t dare instruct the illegals on how to vote and many might not trust them. The Washinton Times explains how easy it would be to add millions of new voters through the democrat’s illegal amnesty.

So how do you get around this? Simple. You have the latino-centric America hating La Raza do it. Yes, La Raza actually teaches illegal immigrants where and how to register and vote. With the advent of so many illegals being able to vote and limited resources, La Raza couldn’t possibly handle the volume or afford to spend the kind of money necessary to facilitate such a huge undertaking.

NOTE WELl: Obama and congressional democrats along with a huge assist from Eric Holder may shed some light on this, too. What if we add the former ACORN into the mix? No, they aren’t defunct, they just use the democratic playbook, which calls for changing the name of ACORN to NeighborWorks America. That may answer the manpower problem to a large extent, but what about the massive amount of money that would be needed?

Both NeighborWorks America and La Raza have found a huge funding source. The DOJ has sued several banks and made settlements in which the banks have paid 24 billion in fines. One of the banks, CitiCorp was also ordered to pay $50 million to La Raza and NeighborWorks America as part of the settlement.

But wait, it doesn’t stop there. Another clause in the agreement makes it possible for La Raza and NeighborWorks America to rake in even larger amounts of money.

Of the remaining money the banks needed to pay in settlements, the banks were able to contribute additional money to La Raza and NeighborWorks America. For every dollar they contribute, it reduces their debt to the government by 2 dollars. That’s some mighty powerful incentive to give generously.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and House Financial Services Chairman Jeb Hensarling have questioned why this money was sent to the two organizations rather than to the alleged victims of the bank’s crime. The administration of course declined to answer.

--SNIP--

So now, with Social Security cards, manpower and tons of money to go along with the two years before the next presidential election, the largest and most successful voter fraud campaign may alter the course of the elections not to mention the future of the United States.

Fox News reported 11/21/14: “During a 15-minute primetime speech in November 2014, Pres Obama said his administration will start accepting applications from illegal immigrants who seek the deferred actions.

Obama said, “Those who qualify will be granted protections for three years," as he laid out his sweeping plan to the public Thursday night from the East Room of the White House.”

Obama will start having information via application gathered on the illegals and this information can be used for the CARDS. Further, Obama is granting only THREE years of reprieve to the illegals.

(Is Obama going to order his Community Organizers a brief time to register illegals to vote, that they better be voting Democrat in 2016.....threatening that their legal status could be jeopardized in 2017.)

=================================================

HERE'S THE SCHEMING OBAMA PLAN IN DETAIL:

BACKSTORY In a major suck-up to illegals, Obama "announced" he was issuing
an E/O and planned a "signing ceremony" at a Las Vegas gathering of illegals.

E/O and signing ceremony never happened. Obama was photoed signing "memos" on AF One---not an "executive action." Why? B/c an E/O comes w/ legal baggage that the conniving Boobamba wanted to evade. Both "memos" are now on the Whitehouse website.

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The first of Obama's presidential action memos is entitled: “Creating Welcoming Communities Fully Integrating Immigrants and Refugees,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).

In the category “Presidential Documents” at page 70769, Obama ordered a White House Task Force on New Americans to “engage with community, business, and faith leaders, as well as State and local elected officials.” The task force is designed to “help determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans.”

The second of the presidential actions entitled, “Modernizing and Streamlining the U.S. Immigration Visa System for the 21st Century,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, in the category “Presidential Documents” at page 70765 (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).

This empowered the secretaries of State and Homeland Security, in consultation with the director of the Office of Management and Budget, the director of the National Economic Council, the assistant to the president for homeland security and counterterrorism, the director of the Domestic Policy Council, the director of the Office of Science and Technology Policy, the attorney general, and the secretaries of Agriculture, Commerce, Labor and Education.

The order was to make a series of recommendations “to reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system” of issuing immigrant and non- immigrant visas.

Read more at http://www.wnd.com/2014/12/amnesty-shocker-the-secret-behind-obamas-order/#4OPdzIoJFRwXopUU.99

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The scam works this way: signed Boobamba memos "delegate" to federal agencies orders to come up with plans (that must advance Boobamba's global conspiracy to overthrow the US govt w/ Third World federales and their cadres jumping the US border).

The federal agencies then "invent" Committees to do this (the better to overthrow the US govt). Then "Administrative Rules," after a comment period, will be published in the "Code of Federal Regulations," which magically turns them into law........ using federal fairy dust.

So Boobamba is shielded from responsibility---he doesn't have to take the hit. Behind closed doors, he tells federal factotums what he wants.....and faster than you can say "the combo plate w/ extra hot sauce".....the overthrow of the US govt commences.

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THE "DELEGATION" HORROR STORY--A Federal agency MO since 1946. It's down to a science: (1) publish a Notice of Proposed Rulemaking (NPRM), (2) make the comment period really short, (3) stonewall any negative comments, and, (4) publish the rule, which (5) NOW has the force of US law. No Congressman was ever involved, and Boobamba doesn't leave his DNA on it. Yet again, why "Delegation" is ominous for liberty---why the writing of administrative law by federal agencies - is un- Constitutional (hat tip to FReeper Regulator.)

The Judiciary can pay for all this out of their coffers.

Everyone knows the judges in this country get paid too much money!

They can start giving back by FUNDING these judicial laws out of their own financial pot. All the administrative costs of establishing and maintaining a Govt program to deal with the Deferred Action for Criminal Aliens can be funded from the Judiciary before any judges payroll is taken out.

Have you figured out who you are supporting for President in 2020?

You stated you want somebody other than Trump.

I hope the SCOTUS will come through... but they’re judges judging judges... much of our problem is the result of SCOTUS power grabs and the acquiescence of cowardly Congress!

So... using the example of Jerry Brown and other Leftists, President Trump should declare his administration a

“Judicial Tyranny Sanctuary Zone”

... and ignore any and all of these not only unconstitutional but ANTI-CONSTITUTIONAL “fatwas” from unelected black robed despots!

the administration needs to declare that the DACA is unlawful on its face, not a law and therefore discretionary in its scope and that within that discretion granted the executive, it is declared null and void by the same power that enacted the policy in the first place.

The same is true for the Justice Department grants that were halted to states with sanctuary cities where the district courts have ruled that these grants must continue.

Grants are not budgetary funding. Grants are discretionary, they are gifts. They can be given, and they can be stopped. These Justice Department grants to the states are to pay for state costs incurred in support of federal law enforcement.

If sanctuary states refuse to cooperate with federal law enforcement, then they should not receive the funds granted to the states for those costs, since they are not being incurred. The courts are demanding that the Justice Department give these funds anyway, solely because they were given in the past.

The courts are compelling Justice Department spending, which is a huge overreach of power.

-PJ

It should be handled just as you’ve stated. The DACA EO is unconstitutional. To treat the EO otherwise is a travesty.