Posted on 12/16/2014 11:38:02 AM PST by jazusamo
A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.
Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote.
The judge also said the policy allows illegal immigrants “to obtain substantive rights.”
The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.
(Excerpt) Read more at washingtontimes.com ...
And if you really mean to claim that the WT is merely a puppet-on-a-string "mouthpiece for the GOPe," then my trust level in your RINO-Detection Abilities is moving steadily downwards.
I think nothing would give the military more pleasure than to make up for that ‘accident.’ Frogmarching Obama out of office would certainly make any soldier happy and it wouldn’t take just SEALS, but even the lowest grunt would be able to do it.
Thanks for the explanation.
.
If this were the DC Circuit court Obama would be in real trouble methinks...
CCMVRWC,
I don’t trust RINOs.
I don’t trust the MSM.
All y’all, ping to these posts:
http://www.freerepublic.com/focus/f-news/3237862/posts?page=82#82
http://www.freerepublic.com/focus/f-news/3237862/posts?page=88#88
And you think Reid would not have rammed these nominees through before the end of the year anyway? He has the votes to do so at anytime.
“The judge must be wrong, Congress just agreed to fund the program, so they must agree with it. Count on an Appeals Court deciding exactly that. Since Congress had an opportunity to NOT fund the implementation, they approved of it implicitly, by enabling the money to be spent.
This deal is done.”
Exactly, the idiots in Congress just “legislated” it by funding it with their approval.
Please remind Judge Schwab to stay out of Fort Marcy Park! ;)
“With four more from the new batch there are twenty six...”
Great point. Jonie. Mia. Scott. And I forget the fourth...?
The 24 State lawsuit aka the Abbott lawsuit was filed in the Federal Court of the Southern District of Texas. This judge is from Pennsylvania, no?
You are spot on there!
Thanks for the ping, HiJinx. Check$ and Balance$ BUMP!
(good thread)
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers,...
Rinos and their globalist donors do want open borders and amnesty and hate conservatives for stopping them.
Finally some good news, but I predict the higher courts will overturn him (RULE of Law, bah..what’s that. At least that seems to be the opinion of most Federal Courts these days)..
I don’t trust RINOs.
Agreed!
I don’t trust the MSM.
Agreed!
And here's where I apparently disagree with you: I don't trust anything Harry Reid says.
Specifically in this case, I don't trust his assertions starting long ago that he was going to ram through all those nominations.
Keep in mind that he was never certain until after the November blowout, that the time available for him to grab all the things still on his wish list had suddenly been cut from 2+ years to mere weeks.
Certainly I believe he thought he was going to have all his cakes and eat them too, including confirming a large nest of radical 'Rats into lifetime tenures.
But I don't recall Dingy coming back from the early Nov democRat Whupping Recess and saying, "All right girls, we have limited time left and it's critical we prioritize what we can and can't still do, and the Nominations are #1 on the list and so they're the first order of business *TODAY*".
Nope. He was still as confident as ever that he could get it ALL done, and from what I saw, he dawdled on other stuff for WEEKS without lifting a finger to go fetch his jumper cables to clamp to the lifeless nominations that had been dead in the water since last summer.
And I believe the closer we got to the end of the term and nothing had yet moved on the Nominations, he still figured, "There's always time to do everything that I, the Omniscient One, choose to do".
But as his game clock was getting ever closer to midnight, especially by the end of last week, plenty of GOP Senators & Staffers figured that the combination of the dwindling time, plus the number of procedural stalling moves still available to them even withOUT the filibuster option, gave them a fair chance of blocking at least some if not all of those nominations.
But here's the really frustrating part for me: Nobody, not even Harry I think, will ever know for CERTAIN whether Cruz's extra weekend gift would have ultimately made a difference in how many of those nominations would/wouldn't have gone through. And it's the not-knowing part that I hate.
Because every time I see some awful decision by Saldana (thankfully limited to two years at most!), or by the lifetime-tenured Most Honorable Higher Court 'Rat Justices who are getting enthroned this week, I'll think to myself, "Argh! Yet another body blow to justice from one of Barry's & Harry's Little Lifetime Legacies. I wonder if this could have been prevented?"
Bottom Line: None of us will ever know for certain, and that can be both comforting and discomforting, when engaging in hindsight over the years.
"And you think Reid would not have rammed these nominees through before the end of the year anyway? He has the votes to do so at anytime."
Yes, he's had the votes.
But that's not the question. The question is: Did he have the time?
Say, we haven't seen you out here in Fort Fungus in awhile. You going to do another grand tour of the West any time again? Give the word and we'll keep a spot warm on the street corner for you! :-)
No, actually it's sad to say, but there haven't been any Operation Infinite Freeps out here in ages. The first big round of FR-related street corner activism out here was in Nov-Dec '00 against the Sore-Loserman Gang's attempts to "change election laws after votes are cast but not yet counted". It was great for the first time to meet in the flesh all these Fellow Freepers!
Then as you know we were out here again starting in Oct 2001, for years and years, virtually all of that Freeptime spent across the street from the Great Unwashed Hordes of Bushhaters.
But starting in Jan 2009, when their Holy One The Obamessiah was in absolute control of the universe and the sea levels started to go down and the stars were lined up with the foam Greek temple pillars in Denver and the Mideast wars were days away from ending and Gitmo was hours away from closing and the Age of Aquarius was dawning again .... the numbers across the street diminished dramatically until they were completely gone within a couple of months. And with no "whites of the enemy's eyes" and no signs dissing our troops to face against, the aging VFW members on our side, who had always outnumbered us Freepers anyway, no longer had the drive to go out there week after week. I was finally the last one standing on either side, and then I was gone.
But the great memories of those times are still there!
Yes, he had the time. Cruz did the right thing. The GOPe is loaded with traitors. Obama’s illegal action on immigration is clearly unconstitutional and it’s the duty of the congress to fight Obama’s unconstitutional actions in any and every way they can. McConnell, Boehner et al are complete failures. There is no acceptable excuse for their cowardice and failure to defend the constitution.
The endless widening of the definition of a word (like RINO) to include larger & larger numbers of people, cannot help but ultimately cheapen the value & impact of what was once upon a time a very useful, widely-understood word.
And if it's true that we only have 18 non-traitors in the US Senate now, then even if we can add to it a few "keepers" from the new Freshman Class, what difference will it make? What point is there in going on? In hoping for the future? In remaining engaged in politics?
Well, heck! It's not that I haven't been in the Political Black Hole of Despair myself. When a proven perjurer was voted free of Impeachment charges by a GOP-majority Senate, I was so angry & depressed that I gave up hope for our nation, and for the only time in my life, I hung Old Glory both at half-mast *and* upside down simultaneously. And when a never-vetted, empty-resume, first-term Illinois Senator swept the White House and both houses of Congress solely because of his skin color, I gave up all hope once again. So I remember what it feels like.
It's just that I don't feel that way now, but instead feel VERY optimistic about our upcoming Senate majority, a majority including NINE brand-new, vigorous, un-cynical, energetic members - a whopping 20% increase, plus many times that number of brand-new GOP members of the House.
Now come on JimRob, aren't you even the LEAST bit optimistic, when you consider that the US Senate's "Friends of Ted Club" which currently consists of one lone member from Utah, might have up to TEN members soon? :-)
Just impeach the SOB, remove, and incarcerate. Whatever follows, we can handle.
The word commander in chief prevents that for the most part.
It seems impeachment in the house followed by conviction in the senate would be the only way
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