Posted on 12/16/2014 11:38:02 AM PST by jazusamo
A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.
Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote.
The judge also said the policy allows illegal immigrants “to obtain substantive rights.”
The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.
(Excerpt) Read more at washingtontimes.com ...
This is the judge who will be responsible for hearing the 24 states' suits. His present ruling affects only the one case, but he more than tipped his hand for the upcoming case.
Well, HEY, Uncle Sam really is supposed to be guarding the states from invasion.
Promise ? !
“Make my day”
“The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws, and we are confident that the President’s executive actions are well within his legal authorities,” said a White House official in response to the 17 states’ (now 24) lawsuits.
Yes, the president DOES have the authority to set priorities for deportation. But he’s not only deferring deportation hearings. He’s issuing work permits, social-security cards, etc.
I didn’t connect that. Thanks much.
I dearly hope he’s tipping his hand.
He’ll just do it anyway
Yep, when has a court order stopped him? The laws apply only to us.
Hope and change....
But at least there’s a judge somewhere who is willing to notice that the constitution means what it says. Even as America spins around in the bowl right before the big flush, there is that small consolation.
With a 5-4 decision and Roberts caving. Oboloacare Part Deaux
Thanks for pointing that out!!!!!!
Dear Boss: All those guns that got lost have suddenly come home to roost. Meet your new protectors, the Medellin Drug Cartel, who will keep you in office for life. PS: I’m staying on as head of Justice. Anyone who has a problem, let them talk to Dom Carlos.
-Eric
Disputing one of the best legal minds in the country (Cruz) is par for the course with these treasonous RINO bastards.
This is just the first rung on the ladder.
Agree, but Graham is a JAG@$$ dontcha know...
Obama ignores federal judge.
Plan B?
You’re right. It’s a start - and a good one at that... Giving up to evil is no different in outcome than being evil...
NOBODY has any influence over a lawless POTUS except Congress, and then only if they exercise it.
“A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.”
Final, someone who thinks the Constitution and separation of powers is important.
The RINOs are at fault for funding something unconstitutional. If they had a conscious, they’d be embarrassed.
Whoopee, but he will just do what he wants anyway.
**I demand that U.S. Federal Marshalls usher Mr. Obama out of the white house and be charged with High Crimes and Misdemeanors....I can wish...**
And deport him back to Kenya.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.