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Obama’s amnesty plan turns discretion into illegitimate defiance
Legal Insurrection ^ | November 16, 2014 | Professor William A. Jacobson

Posted on 11/16/2014 9:43:27 PM PST by 2ndDivisionVet

It’s the illegitimacy, stupid.

One of the most frequent questions I get is “How can we stop Obama from ….”

The ellipses reflects that there are a variety of issues on which people want Obama stopped.

The answer to most of those questions is, as Obama himself suggested, to go out and win some elections.

And that is exactly what just happened earlier this month.

In what appropriately could be termed a legal insurrection, voters around the country rejected the Party of Obama and his policies. So much so that Republicans in the House have a historic majority even beyond what the 2010 wave brought in, and Republicans regained control of the Senate by a comfortable margin.

That will go a long way towards stopping Obama, but only if Obama respects the boundaries of his constitutional power.

By tradition, a President respects the constitutional powers of the other branches of government, although there always is tension. When that respect is breached, there is precious little constitutional enforcement power.

Congress can write laws, but it cannot execute those laws; for that Congress depends on the Executive Branch, which is given some level of enforcement discretion since no legislation can be so specific as to delineate who does what and when.

Similarly, the Courts are loathe to get involved in refereeing political disputes between Congress and the President, and there even are questions as to whether Congress has “standing” to sue to demand enforcement. The Supreme Court has no army, other than the public expectation that its decisions will be respected.

On the flip side, Congress has no power, for example, to conduct its own foreign policy, appoint its own ambassadors and operate its own embassies.

The bonds that keep our constitutional system working are not through the barrel of a gun, but through the core good faith of each branch respecting constitutional boundaries.

Obama repeatedly in the past stated that he understood and would respect those boundaries.

(VIDEO-AT-LINK)

Obama’s reported plan to grant executive amnesty to 5 million or more illegal aliens by means of non-enforcement of the immigration laws threatens to tear at that fragile bond.

Ross Douthat writes that Obama seems poised to disgrace himself on amnesty by turning discretion into defiance, The Great Immigration Betrayal:

"IN the months since President Obama first seem [sic] poised — as he now seems poised again — to issue a sweeping executive amnesty for millions of illegal immigrants, we’ve learned two important things about how this administration approaches its constitutional obligations.

First, we now have a clear sense of the legal arguments that will be used to justify the kind of move Obama himself previously described as a betrayal of our political order. They are, as expected, lawyerly in the worst sense, persuasive only if abstracted from any sense of precedent or proportion or political normality.

Second, we now have a clearer sense of just how anti-democratically this president may be willing to proceed…."

The reality is there is no agreed-upon limit to the scope of prosecutorial discretion in immigration law because no president has attempted anything remotely like what Obama is contemplating. In past cases, presidents used the powers he’s invoking to grant work permits to modest, clearly defined populations facing some obvious impediment (war, persecution, natural disaster) to returning home. None of those moves even approached this plan’s scale, none attempted to transform a major public policy debate, and none were deployed as blackmail against a Congress unwilling to work the president’s will….

He once campaigned on constitutionalism and executive restraint; he once abjured exactly this power. There is still time for him to respect the limits of his office, the lines of authority established by the Constitution, the outcome of the last election.

Or he can choose the power grab, and the accompanying disgrace.

Normally, disgrace is a hugely motivating incentive for a President not to make the power grab.

In this case, do not expect that disgrace will disincentivize a President who views fundamental transformation of the country as his motivating doctrine.

So back to the question, What can be done to stop Obama’s amnesty plan?

Impeachment attempts (which never will get the needed Senate super majority) or another government partial shutdown seem to be what Democrats are hoping for, because they present an opportunity to change the subject while not changing Obama’s defiance.

I don’t have an answer, but focusing on public opinion matters. A joint congressional resolution declaring Obama’s actions null and void will put all on notice of the illegitimacy in the eyes of the people’s representatives.

Also, organize a public legal insurrection at the state and local level refusing to recognize the executive action as legitimate. Force Obama to sue to enforce the executive action.

Make the issue Obama’s defiance of our laws, and the illegitimacy of his actions the centerpiece of the public debate.

At the end of the day I’m not sure there is anything that can “stop” the extra-constitutional amnesty, but there is much to be done to make sure that disgrace has consequences.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: aliens; amnesty; congress; immigration; obama
"That will go a long way towards stopping Obama, but only if Obama respects the boundaries of his constitutional power."

I think I see the problem.

1 posted on 11/16/2014 9:43:28 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Obama is a psychopath. The only way to deal with someone like that is to be a solid force to where he has no wiggle room.


2 posted on 11/16/2014 9:49:08 PM PST by Slyfox (To put on the mind of George Washington read ALL of Deuteronomy 28, then read his Farewell Address)
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To: 2ndDivisionVet

What was the point of him taking an oath of office if it means nothing?


3 posted on 11/16/2014 9:58:42 PM PST by rockinqsranch ((Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.))
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To: 2ndDivisionVet
At the end of the day I’m not sure there is anything that can “stop” the extra-constitutional amnesty, but there is much to be done to make sure that disgrace has consequences.
But none of the "consequences" will impede his power grabs.

They're choking on their own impotence.

4 posted on 11/16/2014 10:02:10 PM PST by Bratch
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To: 2ndDivisionVet

>> Republicans in the House have a historic majority even beyond what the 2010 wave brought in, and Republicans regained control of the Senate by a comfortable margin.

And still they grovel.


5 posted on 11/16/2014 10:03:21 PM PST by Ray76 (We must destroy the Uniparty or be destroyed by them.)
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To: rockinqsranch

It all depends on what the meaning of is is!


6 posted on 11/16/2014 10:05:00 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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Comment #7 Removed by Moderator

To: 2ndDivisionVet

how to stop him? really?? are you kidding me?!

it’s very simple.

there are laws on the books against illegal immigration.

0bama is the head of the executive branch... a functionary branch of govt that cannot change interpretation of the laws without itself making law. if a law is not enforced... then the executive branch has effectively passed a counter law nullifying the first.

if the functionaries are not performing their tasks... remove them. that’s it.

it’s as simple as changing a faulty light bulb.

it really doesn’t take much to understand what must be done. the confusion comes when they’re trying to justify not following the law.


8 posted on 11/16/2014 10:31:23 PM PST by sten (fighting tyranny never goes out of style)
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To: 2ndDivisionVet

Unfortunately the GOP has yet to demonstrate that it is willing to deal effectively with 0bama’s Unconstitutional abuse of power.


9 posted on 11/16/2014 10:36:15 PM PST by windsorknot
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To: 2ndDivisionVet

Well, at least I finally know why the Liberal Democrat Politicos out here in CA outlawed the Barrett 50.


10 posted on 11/16/2014 10:44:10 PM PST by Kickass Conservative (11/04/14, the day people finally realized that their Dictator is just a Dick..)
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To: Slyfox

http://en.wikipedia.org/wiki/Pronunciamiento


11 posted on 11/16/2014 10:44:51 PM PST by Rome2000 (SMASH THE CPUSA)
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To: sten

You’re looking at this incorrectly — it’s not illegal immigration, it’s invasion... and the Constitution says something about aiding and giving comfort to the enemies of the states.


12 posted on 11/16/2014 11:10:31 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: 2ndDivisionVet

First, DO NOT FUND IT, and NO, a shutdown over the president’s plan to flood the country with millions of Illegals WILL NOT end well for the president.

Second, make it clear that ANY FEDERAL WORKER that defies the will of Congress WILL BE PROSECUTED by the next president. Perhaps some of the candidates should SPEAK UP a bit in this direction, rather than just listen to their consultants (most of them gay, by the way) and do everything they can to “not offend” the Hispanic vote.

Third, make it clear that ANYONE THAT SIGNS UP will be identified for later prosecution and expulsion from the country, and will never be permitted re-entry, much less ever working here again, much less citizenship.


But, more likely, the Republicans will just ask the World Court for their opinion.


13 posted on 11/17/2014 12:06:44 AM PST by BobL (Don't forget - Today's Russians learn math WITHOUT calculators.)
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To: 2ndDivisionVet

If he gets away with interpreting “prosecutorial discretion” to apply to five million people, what’s to keep him from using it on thirty million? Nothing. We will have already let him let him get away with outrageously abusing the legal principle.

Now with the new Central Americans being given “refugee status,” his actions are limitless.

I predict he is going to trim the edges of his unilateral amnesty. He’s going to say, for instance, “Okay, only people who have been here ten years.” And some other softeners and sweeteners.

Pot, frog, the end.


14 posted on 11/17/2014 12:21:45 AM PST by firebrand
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To: OneWingedShark

Oh, I’m quite aware of that as well.

My point was, there’s no difficulty in dealing with the situation... IF... they actually want to fix it.

Truth is, all the moves 0bama has done will also yield huge power to the GOP once they get in office


15 posted on 11/17/2014 1:49:53 AM PST by sten (fighting tyranny never goes out of style)
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To: rockinqsranch

1. Mohammedans lie all the time.

2. Spineless politicians (I know, redundant) lie all the time.

3. Anti-American Liberals (another redundancy) lie all the time.

READY ON THE RIGHT, READY ON THE LEFT, ALL READY ON THE FIRING LINE. COMMENCE FIRING.


16 posted on 11/17/2014 1:58:09 AM PST by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: NTHockey
“That will go a long way towards stopping Obama, but only if Obama respects the boundaries of his constitutional power.”.

There in a nutshell if the main problem. Odumbo DOESS NOT respect his boundaries and is defiant enough to do what ever the hell he wants. He believes that his statement, "I WON"! is entitlement for life. He needs removing as he is extremely dangerous for what is left of this once great country.

17 posted on 11/17/2014 4:17:36 AM PST by DaveA37
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To: DaveA37
He believes that his statement, "I WON"! is entitlement for life.

Throughout Obama's career, he has sought "power". Not the power to persuade, but the power to compel.

Every job he's had, he left in pursuit of additional power. He has no understanding that power is earned -- by virtue of prior performance and demonstrated leadership. He has no need of followers, only subjects.

He ran for -- and won -- the biggest job in the free world. In his view, this grants him more power than anybody else: the power to give orders, the power to compel compliance, the power to demand obedience.

Yet, his subjects are not obeying him. His opponents are not complying with his wishes. His lieutenants are failing to follow orders.

And he is not equipped to understand or deal with these problems, as his conception of his power is so rudimentary and adolescent.

Yes, indeed. Obama is wounded...and dangerous.

18 posted on 11/17/2014 4:34:29 AM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: sten
Truth is, all the moves 0bama has done will also yield huge power to the GOP once they get in office.

All the more reason to think Republicans are Statists.

19 posted on 11/17/2014 6:39:57 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Rome2000
One example of a pronunciamiento was the successful rebellion of September 1868 against Isabella II of Spain, by Generals Juan Prim and Francisco Serrano.

The work of Isabella I could bear repeating.

With Hussein, I think that Our Lord is gonna want to have the first crack at him.

20 posted on 11/17/2014 6:53:13 AM PST by Slyfox (To put on the mind of George Washington read ALL of Deuteronomy 28, then read his Farewell Address)
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