Posted on 01/20/2016 7:32:28 AM PST by yoe
In the process of granting review of the decision, by the U.S. Court of Appeals for the 5th Circuit, invalidating the Obama administration’s immigration guidance granting de facto (albeit revocable) legal status to hundreds of thousands of undocumented residents of the United States, the Supreme Court unleashed a bombshell. Without any explicit request from the parties, the court (added the following question for review): “Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, §3.â€
This is a stunning development. The clause states that “[The President] shall take Care that the Laws be faithfully executed.†This is the first time, to my knowledge, that the Supreme Court, maybe any court, has suggested that the Take Care Clause is justiciable (i.e., that the president’s (in)actions are subject to judicial review under the clause). I’m not sure that any Supreme Court litigant has ever even seriously pursued an argument under the clause.
While opponents of judicial activism might be horrified by this turn of events, we should consider why the court seems to have volunteered to involve itself in what has traditionally been seen as a “political question†not subject to judicial intervention.......
(Excerpt) Read more at washingtonpost.com ...
Good. I hope Scotus takes care to kick Obama and his treasonous ways sideways.
From the article:
“I don’t know which, if any, of these points is appreciated by the justices who added the question about the Take Care Clause. But it seems that at least some justices appreciate that the separation of powers is endangered by the growth of unilateral executive action, and want to consider whether the court should take a more active role in policing the boundaries between the president’s powers and Congress’s. As someone who has publicly called on the court to make it easier to sue the executive branch for exceeding its constitutional authority, I welcome this consideration.”
Sometimes, even the Washington Post gets it right.
Sweet!
Finally inforcing the separate but equal. !
Bottom line - all three branches are so screwed up.
I hope you’re right. This administration has gone beyond the arguable interpretations of the law that the executive so often uses to bend legislation in its direction.
If we’re going to follow the Constitution, it is the job of Congress to impeach the traitor for failure to follow the “Take Care” clause. That one phrase covers literally hundreds of separate offenses by Obama, each of which fully justifies impeachment and removal from office. The House and Senate aren’t going to do their job because democrat politicians are too corrupt to fulfill their responsibilities, but that is where the legal authority lies.
The Court’s only role is for the Chief Justice to preside over the trial in the Senate, in the unlikely event that the House does its duty and impeaches the most dangerous enemy our country has faced in its entire history.
True. But I think our Supremes are mostly worried about a Republican becoming president and acting lawlessly, as berry Obama has.
It isn’t about obamie. Its about the NEXT president.
That is a good point. If we survive the above-criticism-first-black Affirmative Action occupant of our White House, we will need to enforce uniform standards on real presidents who try to follow the lawless precedents of these terrible years.
that is a bombshell ruling basically saying a lack of action by the president not executing laws is criminal
Or maybe they want to go ahead and capitulate like they did on other “sure fire” cases like the ACA...
Well George W. Bush violated this clause. He REFUSED to enforce U.S. immigration laws and secure the Mexican Border. It was when I realized that he had no intention of enforcing this law that I became disenchanted with him--and the rest of the Bushes as well.
It would be nice if someone would just follow the law and common sense.
Is this a case of the court just doing the job that Congress doesn’t want to do?
The supremes have a very good point. If they faithfully executed the laws (no matter how garbage they are) we would be able to get our laws updated and the old ones that don’t make sense off the books.
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