Posted on 04/19/2016 12:41:08 PM PDT by greyfoxx39
As I explained in my 2014 book Faithless Execution, the president takes two legally untenable positions on illegal immigration:
(a) That the doctrine of prosecutorial discretion empowers him to choose which laws he will enforce, and
(b) That if he chooses not to enforce laws in an area, like immigration, where the courts say federal law preempts state law, then state enforcement of congressional law is preempted by this executive branch non-enforcement policy.
Obama’s first position is perverse. A president’s chief constitutional duty is to see that the laws are faithfully executed. “Prosecutorial discretion” is just a resource-allocation doctrine specific to criminal law enforcement. Recognizing that law-enforcement resources are finite, it gives the executive branch authority to decide which individual cases merit prosecution. It is not a sweeping license to, in effect, repeal congressional statutes by not enforcing them across-the-board.
If it were? That would nullify the president’s obligation to execute the laws faithfully -- in effect making him the law-giver rather than the law-enforcer.
The president’s second position is also perverse: only federal law, adopted under the constitutionally prescribed legislative procedures, can preempt state law. When the president declines to enforce the law, he undermines rather than affirms the congressional laws that preempt the states.
Presidential policy preferences, moreover, are not legally binding on Congress, the states, or the people. Preemption is a doctrine of law, not policy. At the federal level, only Congress can make law. Consequently, the president lacks Congress’s limited constitutional authority to preempt the states.
(Excerpt) Read more at pjmedia.com ...
This must be stopped!
We have to give the Chicago Mob credit.
They have made the term “lame duck President” completely obsolete for Democrats.
Everyone who trusts John Roberts to stop this madness raise your hand.
Anyone?
Anyone?
Boy, I sure am glad we have a Republican Senate and House, aren’t you!
Too late. His buttboy, Roberts, and the SCOTUS black robed tyrants are going to drive the final nail in the coffin of the Constitution and Bill of Rights in June when they pass their legislation allowing Mexican Nationals to trample all over America’s laws.
Political ping
i think if it was possible to know the truth, we would find that Congress supports non-enforcement of immigration, just as Obama is doing. It can't openly advocate non-enforcement, too much heat. Congress is likely darned glad that Obama is playing point man.
The czars have been hard at work for the past 7 years.
“Thus, Obama is claiming what is really dictatorial power masquerading as preemption law. Laid bare, he asserts the unilateral power to forbid states from enforcing immigration laws duly enacted by Congress — laws that are essential to the security and stability, and thus to the very sovereignty, of the states.”
B T T T
The real question is becoming; will the negro community organizer cancel the 2016 election and declare martial law?
A this point McCarthy and the other pundits are just preaching to the choir. WE know the real score, but it is the traitors in congress and SCOTUS that are equally culpable.
ssssshhhhhhhh! The Em[eror Has Spoken!</sarc
Fixed it.
McCarthy makes excellent points here. I hope the legal team for the 26-state plaintiffs has noted similar points in their case briefs.
Oh Congress absolutely supports open borders, illegal immigration! There is a handful that don’t, but the rest are more than happy to support it and then many claim they don’t to get votes.
Of course he does. Just wait!
Best answer! The GOPe members of congress are ecstatic that they are getting their way regarding open borders without having to take a position by having to vote on the issue! Cannot risk angering the voters back home you know!
Prosecutorial discretion is intended to assure that serious crimes are dealt with first, preventing time and resources being wasted on lower priority matters at the expense of higher priority offenses. Think J-walking vs. hit and run.
This regime is abusing it to the extreme.
The follow-up question is- How many hours of life will he have remaining from the time he makes that announcement?
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