Posted on 07/14/2013 9:54:34 AM PDT by jazusamo
This week, I am grateful I am not a civics teacher. The entire legal and constitutional framework under which we believe we live seemed to have been turned upside-down. To start with, as former U.S. Appeals Judge Michael McConnell argued so well, Obama's suspension of the employer mandate of ObamaCare conflicts with his obligations under Article II, Sec 3 to "take care that the laws be faithfully executed."
The Justice Department's Office of Legal Counsel, which advises the president on legal and constitutional issues, has repeatedly opined that the president may decline to enforce laws he believes are unconstitutional. But these opinions have always insisted that the president has no authority, as one such memo put it in 1990, to "refuse to enforce a statute he opposes for policy reasons."
Attorneys general under Presidents Carter, Reagan, both Bushes and Clinton all agreed on this point. With the exception of Richard Nixon, whose refusals to spend money appropriated by Congress were struck down by the courts, no prior president has claimed the power to negate a law that is concededly constitutional.
In 1998, the Supreme Court struck down a congressional grant of line-item veto authority to the president to cancel spending items in appropriations. The reason? The only constitutional power the president has to suspend or repeal statutes is to veto a bill or propose new legislation. Writing for the court in Clinton v. City of New York, Justice John Paul Stevens noted: "There is no provision in the Constitution that authorizes the president to enact, to amend, or to repeal statutes."
To be sure, in less significant ways, Obama has also suspended the operation of valid laws. As McConnell notes, Obama is ignoring immigration law by suspending deportation proceedings "against some 800,000 illegal immigrants."
(Excerpt) Read more at americanthinker.com ...
Well said by Clarice Feldman.
Let’s pick on of Holder’s biggest victims as his replacement....
That is the only way to get “Social Justice”
I am looking forward to Attorney General Joe Arpaio.....
Why should we only go after Holder when he takes his marching orders from odumbo? Go after all of the odumbo group. Time to clean house and get our once great nation back of an even keel.
She’s kidding if she thinks it’s just that they “don’t have the will” to remove him. Harry Reid’s comments and the whole slew of them baying on the talk shows today show that they fully support and encourage whatever the race baiters can get away with.
Holder should have been removed from office the day he said “I will not prosecute my people”
How about Tx AG Greg Abbott?
One problem is that the attorney general now acts as the president’s personal prosecutor or defender as needed. The AG should not represent the presidency.
One of the nice things about having an elected AG in Michigan is the fact that they represent the people, not the governor.
I agree, but Sheriff Joe is 80 years old.
Adding to that thought, I think Justice Roberts was right in upholding the Obamacare law because, irregardless of it's defects, Obamacare IS A LAW that was legitimately passed by Congress and SIGNED by the President.
Obama and his ilk made the law, so now ... we all have to live (throwing up) with it; until it's legitimately repealed.
Can George Zimmerman sue Angela Corey, Bernie de la Rionda and the other prosecutors?
Can the Florida House impeach the scheme team for their actions? If not why not? Will they? They didn't impeach the SCOFLAWS after the 2000 election.
As long as the elected representatives do not crack down on criminal government, we will have more criminal government? Who will stand up for our rights?
What makes you think that 80 year olds are incapable?
My resume might curl your eyes.
Sheriff Joe is 80 years old.
What makes you think that 80 year olds are incapable?
My resume might curl your eyes.
Sheriff Joe is extremely capable. I don’t see him taking on new work.
With all respect,I’d love to see some of your resume, my veteran brother.
My resume is censored, but ... my family grins about it.
LOL!
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