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To: Kaslin; All
As mentioned in related threads, the Supreme Court clarified in Youngstown Sheet & Tube Co. v. Sawyer that executive orders do not have the force of law unless they have the legislative support of Congress.
Executive order

And since Congress is divided, if you call Democrats versus RINOs divided, Obama can make paper airplanes out of many of his executive orders.

But more importantly, Thomas Jefferson had noted, in terms of the 10th Amedment nonetheless, that the states have never delegated to Congress via the Constitution the specific power to regulate immigration.

"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 (emphasis added)," 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." --Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

So not only does Obama not have strong support from Congress to make valid, immigration-related executive orders, but Congress doesn't have the constitutional authority to make immigration-related legislation in the first place, immigration a 10A-protected state power issue.

8 posted on 02/16/2013 6:06:00 PM PST by Amendment10
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To: Amendment10

What you wrote may indeed be true, but any consequences for disregarding the Constitution are decades in the past.


14 posted on 02/16/2013 6:49:06 PM PST by rlmorel (1793 French Jacobins and 2012 American Liberals have a lot in common.)
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To: Amendment10

I should have added the rule of law as well. Contracts mean absolutely nothing under the rule of law, they only mean something under the hand of both arbitrary and selective enforcement of law.

Bill Whittle said it very eloquently in his VSOTU Address.


15 posted on 02/16/2013 6:51:35 PM PST by rlmorel (1793 French Jacobins and 2012 American Liberals have a lot in common.)
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To: Amendment10
10,

Obama has ALREADY signed two Executive Orders on illegal immigrants, and Congress has not whispered ONE word of challenge.

The DREAM Act - already in force, at least 1 million eligible.

The Family Reunification Order - begins in March (as I recall), at least 1 million more eligible.

The illegals who “qualify” will receive Green Cards.

I say “qualify” because everyone knows that more than 99% will be waved through without ANY verification.

22 posted on 02/16/2013 11:09:01 PM PST by zeestephen
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