Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

If Obama Tries to Grant Legal Status to Illegal Immigrants, States Should Say 'See You In Court'
American Thinker ^ | 07/31/2014 | By Allan J. Favish

Posted on 07/31/2014 7:48:11 AM PDT by SeekAndFind

It has been reported that President Barack Obama is planning to unilaterally attempt to grant legal status to illegal immigrants.  There is no legal authority for him to do so.  It has been reported that it may not be possible to stop Obama’s action with a lawsuit because nobody would have standing to bring the lawsuit.

Legal experts see any challenge to the expected immigration policy changes headed for the same key roadblock facing House Speaker John Boehner’s planned suit over Obamacare implementation delays: finding a way to show the injury needed to press a case in the federal courts. (snip)

While broad immigration moves clearly have beneficiaries, it’s hard to find a person or entity harmed enough by under-enforcement to have the standing to pursue a case in court.

However, there are a bunch of entities that would have standing to sue the federal government if Obama unilaterally grants legal status to illegal immigrants – the States.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: aliens; amnesty; bordercrisis; illegals; immigration; obama
Navigation: use the links below to view more comments.
first previous 1-2021-35 last
To: MeshugeMikey
Obama: Stop hatin' all the time"

American public: Stop speakin' and presidentin'.

21 posted on 07/31/2014 12:11:31 PM PDT by Common Sense 101 (Hey libs... If your theories fly in the face of reality, it's not reality that's wrong.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: OneWingedShark

Great work! Thanks!

__________________

FYI:

” - - - “The evidence shows that the amnesty President Obama announced in 2012 is driving record numbers of immigrants to enter our nation illegally,” Cruz said in a statement Tuesday. “ Because of President Obama’s amnesty, children are being abused and exploited by dangerous drug cartels and transnational gangs.” - - - “


22 posted on 07/31/2014 12:12:32 PM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Common Sense 101
arent the obies just ever so special???


23 posted on 07/31/2014 12:12:39 PM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill ...)
[ Post Reply | Private Reply | To 21 | View Replies]

To: SeekAndFind
Impeachment used to be a credible weapon of the states, because the states appointed their Senators. After the 17th amendment, the Senate became party controlled, and no party will convict one of their own, even if a majority of the states would.

-PJ

24 posted on 07/31/2014 12:25:54 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: OneWingedShark
I would want the Red State Governors to go even further.

Form the Red States Association (RSA). The first thing to do is to block all taxes being sent to D.C. and put the money in impound accounts. Declare that they not recognize Congressional or Presidential Amnesty to all illegal aliens who have come into this country since 2000.

Inform the Federal Government and the Federal Courts that out of dire necessity, the RSA will form a mutual law enforcement and border enforcement organization to guard the border, sea ports and airports, and to apprehend, detain, and deport all illegal aliens, men, women, and children, as it is provable that Obama has clearly abandoned his duty to protect the States, and the Federal Courts have clearly supported him. The RSA will use impounded money to pay for these efforts to restore the borders and enhance the safety of U.S. citizens.

The RSA will make it a policy that State, County, and City peace officers must be notified before any Federal Officer makes an arrest or serves a warrant, and the State AG, and all County Public Defenders and City Attorneys MUST be informed of any further surveillance of citizens, approval must be granted by the in the jurisdiction of the surveillance activity.

The RSA will order the immediate expulsion of all Federal Agencies which have enacted policies detrimental to the economies of the RSA, and the freedoms of its citizens. The IRS and the EPA will be the first two agencies to be expelled.

The RSA will cease to send Senators and Congressmen to Washington D.C. and will no longer participate in the perversions of the U.S. Constitution regarding the First, Second, Fourth, and Fifth Amendments.

25 posted on 07/31/2014 1:33:27 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 17 | View Replies]

To: SeekAndFind; Common Sense 101; Steely Tom; Enlightened1; Jane Long; odawg; RedMDer; Graewoulf; ...

Post #25


26 posted on 07/31/2014 1:38:54 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Enterprise

That is beautiful.

The time is nigh.


27 posted on 07/31/2014 1:42:53 PM PDT by chris37 (heartless)
[ Post Reply | Private Reply | To 26 | View Replies]

To: chris37

Thank you.


28 posted on 07/31/2014 1:46:14 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Enterprise
Also cite Article I Section 10 and Article IV Section 4 as authorization.


Article I Section 10

No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.



Article IV Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.


-PJ

29 posted on 07/31/2014 1:49:03 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Political Junkie Too
I would answer that the RSA would not be declaring war, but is coordinating their resources for mutual protection in the absence of Federal Officers performing their duties to deter hard core drug cartel members, terrorists, and people with highly contagious diseases from crossing the international border, and then state lines. Just as I don't need the Federal Government to give me permission to protect myself and my family, the States do not need permission from the Federal Government to ensure the safety of their citizens. The Federal Government has defaulted, and by default, the States are the next authority for the citizens to rely on.

Further, as the House has not exercised its Constitutional duties to withhold funds to oppose Obama's lawlessness, the States must act in their own interests. The Federal Government can make no further claim that is responsible for enforcing immigration as it is plain that it is complicit in the collapse of the border and unrestrained entry of illegal aliens into the United States.

30 posted on 07/31/2014 2:03:45 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Enterprise
I'm not suggesting declaring war.

You are suggesting a compact between states, which requires Congressional approval. Article I Section 10 gives the states the right to bypass Congressional approval if they are actually invaded or in imminent danger.

Both of these conditions can be met. They are being invaded by uncontrolled illegal entry of minors and other non-regional foreignors. Imminent danger is possible with the serious diseases that these people are bringing with them.

Article IV Section 4 also grants the states the right to protect their borders from invasion, as well as any domestic violence that might occur as a result.

As you said, the states do not need permission from the federal government to protect the families of their residents. I'm pointing out the Constitutional provisions that declare this.

-PJ

31 posted on 07/31/2014 3:19:04 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Political Junkie Too
I looked before I leaped on the issue of war. Sorry.

I think the States have more than enough evidence to form a mutually protective compact. Waiting only increases the danger to the citizens of all the States.

32 posted on 07/31/2014 3:23:08 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Enterprise

LOL - I LEAPED before I LOOKED!


33 posted on 07/31/2014 3:23:50 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Enterprise
I would want the Red State Governors to go even further.

Oh, I know; believe me, I know.

Form the Red States Association (RSA). The first thing to do is to block all taxes being sent to D.C. and put the money in impound accounts. Declare that they not recognize Congressional or Presidential Amnesty to all illegal aliens who have come into this country since 2000.

Several things:

  1. This association would be dangerously close to violating the US Constitution, if not actually doing so:
    Art I, Section. 10, Para. 1
    No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
  2. The idea of interdicting taxes is good; however it would have to be done very carefully. Perhaps laws to the effect of declaring witholdings and wage-garnishment theft would work.
  3. Congressional and/or executive amnesty is, after the declaration of invasion, by definition rendering aid and comfort to the enemy.

Inform the Federal Government and the Federal Courts that out of dire necessity, the RSA will form a mutual law enforcement and border enforcement organization to guard the border, sea ports and airports, and to apprehend, detain, and deport all illegal aliens, men, women, and children, as it is provable that Obama has clearly abandoned his duty to protect the States, and the Federal Courts have clearly supported him. The RSA will use impounded money to pay for these efforts to restore the borders and enhance the safety of U.S. citizens.

Again, that is functionally an alliance and violative of the Constitution.

The RSA will make it a policy that State, County, and City peace officers must be notified before any Federal Officer makes an arrest or serves a warrant, and the State AG, and all County Public Defenders and City Attorneys MUST be informed of any further surveillance of citizens, approval must be granted by the in the jurisdiction of the surveillance activity.

Alliance.

The RSA will order the immediate expulsion of all Federal Agencies which have enacted policies detrimental to the economies of the RSA, and the freedoms of its citizens. The IRS and the EPA will be the first two agencies to be expelled.

No need for an alliance here — the states have the authority to do this already.
All a State would have to do is slap them with state-level Treason charges and federal level charges of 18 U.S. Code § 242 - Deprivation of rights under color of law and 18 U.S. Code § 241 - Conspiracy against rights.

The RSA will cease to send Senators and Congressmen to Washington D.C. and will no longer participate in the perversions of the U.S. Constitution regarding the First, Second, Fourth, and Fifth Amendments.

That would constitute consent to not be represented in the federal government:

Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

34 posted on 07/31/2014 3:56:00 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: OneWingedShark

Thank you. I deeply appreciate the information which either supports or doesn’t support what I propose. I am begging the Governors to do what they are allowed to do by law.


35 posted on 07/31/2014 7:47:36 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 34 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-35 last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson