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Peter H. Schuck: Yes, Congress can impeach Obama
The Dallas Morning News ^ | November 24, 2014 | Peter H. Schuck

Posted on 11/27/2014 6:26:20 PM PST by 2ndDivisionVet

Now that President Barack Obama has granted legal relief to as many as 5 million unauthorized immigrants, Republicans are thrashing about for an effective response. Only a few hard-liners are talking about impeachment now, but more could join them out of frustration with their other options.

Many people in both parties have tried to quell such talk by saying the president is within his powers to issue the order. The problem is the pro-impeachment Republicans are right: There is a plausible case for taking that step.

By constitutional design, impeachment for “treason, bribery, or other high crimes and misdemeanors” is a political accusation and initiates a political remedy, not a legal one. It is pretty much up to Congress to define and apply “high crimes and misdemeanors,” and no court would second-guess it. The next Congress could find that the president had violated his oath to “faithfully execute” the laws by refusing to enforce important provisions of the Affordable Care Act, No Child Left Behind and, now, the Immigration and Nationality Act.

The president surely has some power to withhold prosecution, but granting legal status and work permits to millions of people most likely exceeds his discretion. No judge can decide the precise scope of his discretion because no one, including Congress, has legal standing to challenge his order in court.

Of course, many lawyers at the Justice Department and elsewhere disagree, noting that prosecutorial discretion is pervasive, that there isn’t enough money to prosecute all violators, that the president will continue to prosecute criminals and illegal border crossers, and that earlier presidents have done the same thing. These are serious arguments. But as an immigration and administrative law teacher who strongly favors more legal immigration and even broader legislative relief than Obama’s order grants....

(Excerpt) Read more at dallasnews.com ...


TOPICS: Issues; U.S. Congress; U.S. Senate
KEYWORDS: amnesty; immigration; impeachment; obama
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To: Dick Bachert

While I have no doubt that the government planned these riots, and clearly wanted them to occur, I do not believe their purpose was to distract from anything, because no one is paying attention to anything this man does, and no one in power is going to do anything to stop any of them or address any of them in any way at all.


21 posted on 11/27/2014 7:29:31 PM PST by chris37 (heartless)
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To: JRandomFreeper
I believe that Obama is made of a different material than Nixon or even Clinton.

To leave Obama in office after impeachment without restraining him with a conviction would be like angering a rabid bear.

Obama can not be embarrassed nor is he capable of feeling shame.

It is going to take every gut muscle we got.

22 posted on 11/27/2014 7:34:39 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: JRandomFreeper

Andrew Johnson (not Jackson) was impeached.


23 posted on 11/27/2014 7:35:03 PM PST by TruthShallSetYouFree ( When dems win, it's a mandate. When we win, we must compromise.)
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To: 2ndDivisionVet

gop-e and rinos don’t want to b/c they want to run the presidency the same way’when they think they can win it.

that’s why nothing outrageous gets changed back, or fought against. the just want to be the ones in charge screwing the people.


24 posted on 11/27/2014 7:35:34 PM PST by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: Slyfox

they have a much better chance after january 3rd. find some vulnerble democrat senators that live in states that allow recalls.


25 posted on 11/27/2014 7:37:34 PM PST by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: JRandomFreeper

Obama would just pardon himself. Voila. Unimpeached.


26 posted on 11/27/2014 7:52:28 PM PST by gitmo (If your theology doesn't become your biography, what good is it?)
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To: 2ndDivisionVet

But, 0bama could always issue a pardon for himself and an executive action reversing any conviction.
He as already stated that he can make immigration law, and he has.


27 posted on 11/27/2014 8:01:20 PM PST by grumpygresh (Democrats delenda est. President zero gave us patient zero.)
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To: JRandomFreeper

Andrew Johnson


28 posted on 11/27/2014 8:07:00 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Dick Bachert

You are not the only guy.


29 posted on 11/27/2014 8:07:58 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: 2ndDivisionVet
St. Patrick's Day, 2015:


30 posted on 11/27/2014 8:09:28 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: 2ndDivisionVet

I have to confess- I just became aware that I am an “inveterate Obama hater”.


31 posted on 11/27/2014 8:15:15 PM PST by matthew fuller (Barak Hussein Obama (Benghazi Barry)- the first step into a thousand years of darkness.)
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To: 2ndDivisionVet

Too bad none of the legal scholars in congress UNDERSTAND the law enough to KNOW that they can...


32 posted on 11/27/2014 8:16:16 PM PST by joethedrummer
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To: PubliusMM
"And, the voting participation rate was very clearly NOT 100% of the eligible electorate."

No, actually in some precincts it was 110, 115, or 120 % of registered voters.....

33 posted on 11/27/2014 8:20:34 PM PST by matthew fuller (Barak Hussein Obama (Benghazi Barry)- the first step into a thousand years of darkness.)
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To: 2ndDivisionVet

Obama will never go Quietly ,Impeached or End of term


34 posted on 11/27/2014 8:20:54 PM PST by molson209 (Blank)
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To: 2ndDivisionVet
Many people in both parties have tried to quell such talk by saying the president is within his powers to issue the order.

******

Does it mean that President Obama has the power to issue executive orders whenever and how often he wishes concerning any topic?

For instance, what happens if in the middle of January 2015,next month, Obama decides that his recent immigration executive order does not cover enough people, so he decides to issue ANOTHER executive order covering another 5,000,000 illegals from all over the world and increasing visas for Tech Workers to 1,000,000, mostly from India and China. Can he do that?

Is Obama arrogantly telling us that he has the legal power to sign any executive order, and there is nothing we can do about it legally? how awful that is if true.

35 posted on 11/27/2014 9:09:32 PM PST by john mirse
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To: Slyfox

Who cares. Just do it.


36 posted on 11/27/2014 11:09:50 PM PST by firebrand
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To: 2ndDivisionVet; annieokie

As annieokie said a few days ago, and I seconded, they’re already rioting, so no one can use that excuse anymore.


37 posted on 11/27/2014 11:20:09 PM PST by firebrand
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To: Slyfox
Yes, but can the Senate convict?

That doesn't really matter.

The question to answer is, "Which course of action best serves the long term interests of our republic?"

38 posted on 11/28/2014 2:06:36 AM PST by Jacquerie (Article V. If not now, when?)
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To: PubliusMM

“We are not sure, to this day, how many of those votes were illegal.”

True, but we still have a nascent pure democracy that’s backed by a high percentage of the population with no attempt contemplated at stopping it with any certainty.

Legal votes or not, we are still stuck with a subverted electoral system where uncounted votes are miraculously found in the trunks of election workers and military absentee votes are deemed to be “too late to be counted”.

The revolution goes on comrade.

IMHO


39 posted on 11/28/2014 5:36:31 AM PST by ripley
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To: Slyfox
Yes, but can the Senate convict?

Not until late January.

40 posted on 11/28/2014 4:33:50 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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