Posted on 05/26/2015 12:32:49 PM PDT by Din Maker
Maybe that dingbat does not "realize" (he's really lying) by his "reasoning" (LoL) that any law disputed, ignored, and illegal acts by the Executive Branch is ok and without any legal consequences.
GOP will find a way to snatch victory from the jaws of defeat.
victory from the jaws of defeat. Oops
or defeat from the jaws of victory
The majority opinion and dissent can be downloaded HERE.
The dissent begins on page 43.
I can’t wait for the day when a conservative president begins repealing all the Leftist programs that are allowed nowhere in the Constitution. Oh, that’s right. Conservatives are too chicken to save the nation because the Democrat media carries the Socialists’ agenda.
The 2012 Dreamer Executive amnesty has already legalized 580,000 Dreamers including issuing them work permits and SSNs. There was no real challenge to this amnesty, which has been used as the template for the current one.
Let’s not take that chance. Kennedy like stroking his own ego by having no rhyme or reason to the way he votes, and Roberts was blackmailed into supporting Obamacare.
Dissent decided on the merits - lack of jurisdiction because the matter is non- justiciable.
Whether the courts find in his favor or against him; one way or the other does anyone think obama cares; he will drive on regardless, the courts have not stopped him yet nor has the congress he just takes another left turn running the courts and congress in circles.
This is another 17th Amendment (17A)-related issue. More on 17A shortly.
This is a reminder for patriots that, regardless of PC interpretations of the Constitution’s Uniform Rule of Naturalization Clause (1.8.4), interpretations used to justify federal immigration laws, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate immigration.
Immigration is a 10th Amendment-protected state power issue. This is evidenced by the following excerpts from the writings of Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution.
From the writings of Thomas Jefferson …
“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.
Next, from the writings of James Madison …
"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, note that regardless that federal Democrats, RINOs, corrupt justices 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.
So lawless Obama’s PC executive orders to regulate immigration are meaningless since the feds have no constitutional authority to make immigration laws in the first place.
And speaking of so-called federal immigration laws, such “laws” get us back to the 17th Amendment.
More specifically, the Founding States had not only established the federal Senate, but had given the power to vote for senators uniquely to state lawmakers. This is because the Founders had expected federal senators to protect their respective states by killing bills, such as constitutionally indefensible immigration bills, which steal 10th Amendment-protected state power to regulate immigration for example.
But as a consequence of the ill-conceived 17th Amendment, low-information voters go home after voting for their favorite federal senators and watch football, clueless to the major constitutional problem that their corrupt senators are helping the corrupt House to pass vote-winning immigration legislation without the constitutional authority to do so.
In fact, regardless if the Senate thinks that federal immigration laws are a good idea, the Senate wrongly ignores that the Constitution requires it to lead Congress to successfully propose an immigration amendment to the Constitution to the states before making federal immigration laws.
And to make matters worse, the corrupt Senate confirms activist justices who claim that the unconstitutional laws that the Senate helps the House to pass are constitutional.
What a racket!
The 17th Amendment needs to disappear, along with a bunch of corrupt senators and activist justices.
I tried, but couldn’t get through the entire dissent; it read like a screed from the Democrat party. There is entirely a difference between choosing not to enforce and awarding a status, and that line in the (dozen or so pages) seems to be entirely absent from the dissent.
I’d hoped to see something productive rather than simply political grandstanding. Hopefully the next higher court pays some special and well deserved attention to the dissent.
Right— that’s why I just gave you the link. First term left appointment- and reasons like one.
Sounds like it’s time to file another lawsuit to have the Dreamer program declared illegal and have them deported.
This is great news!
Sen. Mary Landrieu had recommended Higginson to Obama for the vacancy in November 2010.[5] The Senate confirmed Higginson’s nomination by a vote of 88–0 on October 31, 2011, and he was sworn into office on November 2, 2011. He fills the seat that had been held by Judge Jacques L. Wiener, Jr., who took senior status in 2010...”
Mark Levin is saying Judge Smith was appointed by Ronald Reagan. “He is an outstanding man of great integrity.” The other judge (no name) was appointed by Bush. The dissenting judge was appointed by Obama.
FoxNews is aligned with the COC/Amnesty-loving RINO’s. Just ask Rupert.
Mark Levin explains today’s federal court SMACK DOWN of Obama’s illegal amnesty like only he can
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