Imagine My Surprise! (Freeper Editorial)

Original content | 8/4/2018 | By Laz A. Mataz

[Lazamataz]

It’s been a fascinating ten years.

From 2009 to 2017, I was instructed that a President is unrestrained by the Constitution, and that they are all-powerful and can enact laws unilaterally, via Executive Order, and that they can ignore the Constitution as they see fit.

But NOW we learn that Presidents are completely powerless and cannot rescind any Executive Order, set any Administration Policy, or hew to the written law, about any topic, for any reason. That is because to do so would violate unwritten parts of the Constitution.

Let us review the actions that the News Misleadia and the Obama Administration championed, in their quest to inform us that a President is omnipotent:

• Obama appointed thirty-five Federal Czars without Senate advice and consent, which is required for appointees of this magnitude.
• After admitting twenty-two times that he had no Constitutional authority to enact the DREAM Act or DACA, he promptly enacted the DREAM Act / DACA.
• Despite the fact that the Executive Branch MAY NOT ALTER any legislation, but only interpret it, Obama unilaterally altered "Affordable" Care Act twenty-four times. Below are just a few of the examples:
  
  • Obama altered ACA law – Delaying the upholding of the Employer Mandate Law ("Affordable" Care Act) until 2015 – Individual Mandate will be enforced. A President does not have that authority.
    
  • Obama altered ACA law – "Affordable" Care Act Medicare cuts were delayed until 2015.
    
  • Obama altered ACA law – Enforcement of eligibility requirements for "Affordable" Care Act were delayed until 2015.
    
  • Obama waived "Affordable" Care Act Income Verification.
    
  • Obama altered ACA law – Delayed "Affordable" Care Act caps on out of pocket expenses until 2015. (When that date arrived, premiums did skyrocket)
    
  • Obama shelved part of the "Affordable" Care Act Law for Insurers, extending the life of non-qualifying (according to "Affordable" Care Act) plans until Jan. 1, 2015.
    
  • Obama waived "Affordable" Care Act individual mandate for those that lost their insurance.
    
  • Obama alters "Affordable" Care Act law and exempts companies employing between 50-100 full-time workers from business mandate until 2016.
• Obama issued a Directive instructing ICE to NOT enforce immigration laws in certain cases. This is in clear opposition to the mandate in the Constitution that the President “shall take Care that the Laws be faithfully executed”.

There are dozens, more, of examples of how a President is the ultimate lawgiver -- the pinnacle-politician, the final arbitrator of absolute law -- unshackled by any other power, person, or institution. Yet suddenly (and I admit complete surprise) we are instructed that Presidents have no powers whatsoever, and may not even invoke privileges detailed in the Constitution and in Legislation. Coincidentally, this new era of enlightenment occurred within seven days of President Trump ascending to this (unexpectedly diluted) position. To wit:

• Only one week after President Trump's Inauguration, a Federal Judge in Brooklyn issued a stay-order against Trump's Executive Order banning immigration from certain Muslim countries with a higher percentage of extremists and, presumably terrorists. This, despite the Congressionally-enacted law (8 U.S. Code § 1182 - Inadmissible Aliens) that states, among other things, that the President has the authority to “suspend the entry of all aliens or any class of aliens” “for such period as he shall deem necessary, when he “finds that the entry of any aliens or of any class of aliens … would be detrimental to the interests of the United States.”
  
• A Federal Judge in Hawaii, Derrick Kahala Watson -- one who was a classmate of Barack Obama, and who was visited by Obama briefly before his initial order, ordered a stay on the Muslim-country Travel Ban. He then extended it indefinitely. Again, this is in direct contradiction with the clear language in 8 U.S. Code § 118, and the Supreme Court eventually overturned this order from this judge.
  
• A federal judge in Pennsylvania temporarily blocked the Trump administration's recent rules allowing moral and religious exceptions for ObamaCare's birth control blocked the Trump administration's rules allowing moral and religious exceptions for ObamaCare's birth control requirements, despite the fact that Obama implemented the rule by the same Executive Order process.
  
• Deferred Action for Childhood Arrivals, also known as DACA (closely related to the Dream Act mentioned above) was illegally implemented by Executive Order -- even though Obama admitted he could not do so -- and had an expiration date of March 5th, 2018. Despite this, a Federal Judge (John D. Bates) ordered the Trump Administration to restart this illegal, expired program within 90 days.
  
• President Trump is not even allowed to block trolls on Twitter, Federal Judge Naomi Buchwald ordered, in effect denying the President his First Amendment rights.

So, we learn first that a President is all-powerful and unrestrained. Then, we learn that a President is utterly powerless and cannot exercise clearly legal and lawfully-delineated actions.

Imagine my surprise. I suppose it all depends on who the President is.

[Attention Surplus Disorder]

bfl. Nice work!

[cherry]

I remember that little caper...one of the many, many, many suspicious incidents in the barry regime.

[familyop]

Yes. We should vote in the midterm elections, so more good judges will be appointed.

[gnickgnack2]

bookmaerk

[EdnaMode]

The left makes up the law as they go along.

[kiryandil]

Deferred Action for Childhood Arrivals, also known as DACA (closely related to the Dream Act mentioned above) was illegally implemented by Executive Order -- even though Obama admitted he could not do so -- and had an expiration date of March 5th, 2018. Despite this, a Federal Judge (John D. Bates) ordered the Trump Administration to restart this illegal, expired program within 90 days.

So I was hanging on Twitter when a tweet by the ceckless funt, Cameltoe Hairyass, scrolled by.

Well, I got mad, and made fun of her for claiming that it was "illegal" for a president to disobey an executive order.

But then, I looked further, so I didn't embarrass myself.

Turns out that DACA ISN'T an "executive order" - it's an effing "executive branch memorandum" - a memo.

And that there are RULES for executive branch memorandums.

https://en.wikipedia.org/wiki/Presidential_memorandum

Sometimes used interchangeably, an executive order is a more prestigious form of executive action that must cite the specific constitutional or statutory authority the president has to use it.

Unlike executive orders, memoranda are not required by law to be published in the Federal Register, but publication is necessary in order to have "general applicability and legal effect".

The Federal Register gives publication priority to executive orders and presidential proclamations over memoranda.

Memoranda can be amended or rescinded by executive orders or another memorandum, but executive orders take legal precedence and cannot be changed by a memorandum.

===============

I can find no evidence that the DACA memorandum (the memo) was published in the Federal Register.

This means that a federal judge-clown has ruled that a memo that has no legal effect has the legal effect of a law or an executive order.

As Laz pointed out in his post #13, "The main point of this post is to point out the sheer, galling hypocrisy that both the News Misleadia and Democrats (but I repeat myself) display, constantly".

It's clear that the News Misleadia has refused to actually tell people what was going on with Trump's #MemoBreaking* and his #ScoffMemo* attitude.

#LawBreaking and #ScoffLaw

[Henry Hnyellar]

A good review for those in a trance over the last decade. And Congress is to blame in both cases.

[blondiegoodbadugly]

Yeah, I’m shocked. NOT!

Great post.

[Olog-hai]

Ugh, the woman who slept her way into politics by way of Willie Brown.

[kiryandil]

Ugh, the woman who slept her way into politics by way of Willie Brown

Kameltoe puts the "K" in sKanK...

[Bullish]

Trump would most definitely win in the SC but getting it there is the problem. If he somehow didn't win then we don't have equal branches or even a Republic. The SC should take this case immediately.

From the way things have been going, it seems they won't though. Besides the SC, there's oodles of judges and lawyers we need to be rid of. Just look what they're doing to law and justice, It's criminal what they get away with.

[kiryandil]

Just look what they're doing to law and justice, It's criminal what they get away with

The Fake Judges and the News Misleadia are trying to convince us that a fricking memo is a "law" or an "executive order".

Eff those lying arsewipes with a dry rhino horn up 0bama Alley.

[Enterprise]

Bump!!!!

[Rebelbase]

"Metastasized to my....."

Fight it, never give up.

[Yaelle]

So quiet and so important. Now there is literally no way to prove he had no document in the universe proving he was ever American for one day until he was a senator. And no document upon which his ceremonial passport was based.

[GOPJ]

Let us review the actions that the News Misleadia...

LOL - good one...

[Songcraft]

That was interesting to learn.   In light of that, they should be able to overturn that judge's ridiculous ruling rather easily.

- - - - - - - - - - - -

Speaking of Cameltoe, when you look closely, there is a definite resemblance there...

       

       

[kiryandil]

Willie Brown would hit both of them.

Laz wouldn't hit either of them...

[PGalt]

BUMP!

[redinIllinois]

News Misleadia

Ha

Thanks!