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Attorney General Eric Holder can't explain constitutional basis for Obama's executive orders
Washington Examiner ^ | JANUARY 29, 2014 AT 1:56 PM | Joel Gehrke

Posted on 01/30/2014 7:05:36 AM PST by Texas Fossil

Attorney General Eric Holder couldn't explain the constitutional basis for executive orders such as President Obama's delay of the employer mandate because he hasn't read the legal analysis -- or at least, hasn't seen it in a long time.

"I'll be honest with you, I have not seen -- I don't remember looking at or having seen the analysis in some time, so I'm not sure where along the spectrum that would come," Holder replied when Sen. Mike Lee, R-Utah, asked him to explain the nature of Obama's constitutional power to delay the mandate.

Lee had based his question on a standard legal test, first described by Supreme Court Justice Robert Jackson, who said the president's authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is "incompatible with a congressional command" (category three), to use Lee's paraphrase.

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


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: eo; executiveorder; holder; inequalitygodzilla; obama; sotu; stateoftheunion; tyranny; unconstitutional
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To: Texas Fossil

What they really want to do is re-write the Constitution to bring it up into the modern world where who needs protection from government access or the right to guns and be free in their homes and paper; basically totally removing the rights we enjoy and have a new Constitution to reflect Democrat/Liberal/Socialism with smatterings of the Koran in there just to make things right.


21 posted on 01/30/2014 8:07:22 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral)
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To: Texas Fossil

“Badges? I don’t got to show you no stinking badges!”


22 posted on 01/30/2014 8:12:21 AM PST by blueunicorn6 ("A crack shot and a good dancer")
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To: Texas Fossil

“I’ll be honest with you,”

Really?


23 posted on 01/30/2014 8:13:00 AM PST by Rennes Templar (Hillary Clinton, you were no Dennis Rodman.)
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To: Texas Fossil

Cruz is absolutely blowing Holder’s doors off right now on recent IRS activity. Don’t see any posts yet.


24 posted on 01/30/2014 9:25:52 AM PST by alrea
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To: Texas Fossil
Cruz is absolutely blowing Holder's doors off on recent IRS activity. Cruz and Holder.
25 posted on 01/30/2014 9:28:00 AM PST by alrea
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To: Texas Fossil

Think of all the laws that the next GOP president can chose to not enforce.


26 posted on 01/30/2014 9:32:09 AM PST by Mike Darancette (Do The Math)
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To: Former Proud Canadian

They would have been HUNG a long time ago.


27 posted on 01/30/2014 9:42:22 AM PST by nvscanman
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To: shove_it

Holder did not brand the questioning as racist because the media will do that for him.


28 posted on 01/30/2014 10:26:27 AM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: Former Proud Canadian

If we take the Senate, that will change.

There is no path to impeachment with the current Senate control.

Breech that barrier, and it is a totally different world.


29 posted on 01/30/2014 11:17:42 AM PST by Texas Fossil
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To: Rennes Templar

Really? Indeed.

Holder never tells the truth about anything. He has been the Left’s government scandal fixer since the 1980’s. That is the reason Obama made him AG.


30 posted on 01/31/2014 4:03:28 AM PST by Texas Fossil
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To: Texas Fossil

Obama and Holder are two of the most despicable people on earth.


31 posted on 01/31/2014 4:19:23 AM PST by Rocky (The further a society drifts from the truth, the more it will hate those who speak it. George Orwell)
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To: Rocky

Yes, they certainly are.


32 posted on 01/31/2014 4:44:06 AM PST by Texas Fossil
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