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Congressional Revocation and Alteration of Executive Orders (How to Kill the Amnesty EO)
Introduction to Legal Sources in U.S ... ^ | David Alan Jordan

Posted on 11/13/2014 2:06:46 PM PST by 11th_VA


(Excerpt) Read more at books.google.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: amnesty; boehner; congress; executiveamnesty; executiveorder; executiveorders; immigration; johnboehner; obama; obamanation; randnesty
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To: skeeter
if he declares amnesty, rather than 'shut down the government' congress should specifically remove any funding that would be used to implement the amnesty.

Therein lies the problem: the Republican leadership has foregone "the power of the purse".

Accordingly, any attempt to defund the government would be met by a presidential veto -- which could not be overcome. The majority would then be left with a choice: stand pat..and see the government shut down...or cave.

Having already pledged not to be a party to a government shutdown, McConnell et al are left with but one choice.

81 posted on 11/13/2014 6:06:59 PM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: 11th_VA

good work . Get that to Rush Limbaugh ,Congress and Ted Cruz ASAP


82 posted on 11/13/2014 6:53:58 PM PST by Democrat_media (call Congress 202-224-3121 to stop Obama's executive order for Amnesty for illegals)
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To: 11th_VA

Ping for tomorrow morning, thanks for posting.


83 posted on 11/13/2014 7:01:40 PM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: gasport
How can a pardon for a specific crime be effectuated prior to conviction for said crime?

This question was an issue when President Ford pardoned President Nixon who had not even been formally charged with a crime. It was the general consensus at the time that the pardon authority did not require conviction or even the citation of a specific federal crime. I think the only limit on the pardon power is that it can not extend to issues of impeachment.

84 posted on 11/13/2014 7:11:56 PM PST by etcb
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To: 11th_VA

Very informative, thank you very much for posting this. Congress needs to be reminded that we know!


85 posted on 11/13/2014 7:30:59 PM PST by matthew fuller (Barak Hussein Obama (Benghazi Barry)- the first step into a thousand years of darkness.)
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To: 11th_VA

Hopefully you realize that I’m telling you the way the law stands, as opposed to the way that I want the law to stand.

That said, amnesty *is* a pardon. That’s what the word means.


86 posted on 11/13/2014 7:35:57 PM PST by Southack (The one thing preppers need from the 1st World? http://tinyurl.com/ktfwljc .)
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To: 11th_VA

http://en.wikipedia.org/wiki/Amnesty


87 posted on 11/13/2014 7:36:48 PM PST by Southack (The one thing preppers need from the 1st World? http://tinyurl.com/ktfwljc .)
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To: gasport

Nixon was pardoned by Ford. Nixon was never convicted.


88 posted on 11/13/2014 7:38:14 PM PST by Southack (The one thing preppers need from the 1st World? http://tinyurl.com/ktfwljc .)
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To: scouter

I am a lawyer, and the answer is that the only way to strike down an executive order is by repealing it through legislation and then overriding the certain veto by 2/3 vote in each chamber.
The other way is in court, should the EO violate the Constitution. Judicial review of EOs is well recognized.
In this case, depending on exactly what the EO says, the fastest remedy would probably be to try to get an injunction by a non Obama appointed judge.
If enough rats gets pissed that he is dragging the whole party to its demise then we may end up with enough votes for an override. That would be my preference.


89 posted on 11/13/2014 7:47:01 PM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: ModelBreaker

Congress should strip the judiciary’s ability to hear challenges to state marriage laws.
That might work.


90 posted on 11/13/2014 7:50:39 PM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: holdonnow

Of interest...


91 posted on 11/13/2014 7:52:43 PM PST by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: xzins

I very strongly agree with you, dear brother in Christ!


92 posted on 11/13/2014 7:52:55 PM PST by Alamo-Girl
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To: robert14

Because all of this is exactly what the GOP wants. It’s really that simple. They’re not conservatives. They keep lying so we’ll vote for them.


93 posted on 11/13/2014 7:54:13 PM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: All
Here's another more readable copy of this same article from CRS
94 posted on 11/13/2014 7:54:45 PM PST by 11th_VA (Impeachment is not the answer)
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To: Clump
sounds like a plan -this may be of use (more readable formof the same):

https://intelligencelaw.com/files/pdf/law_library/crs/RS20846_3-25-2010.pdf

95 posted on 11/13/2014 7:57:56 PM PST by 11th_VA (Impeachment is not the answer)
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To: 11th_VA

My guess: this is the last we’ll here of this. A few months from now we’ll ask, “why doesn’t congress use that thingy to repeal these exec orders?” The answer will be: because they like the exec orders, they’re not conservative, they lied to get elected.


96 posted on 11/13/2014 7:59:21 PM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: onedoug

They’d better, if they want to stop Obama. Since they don’t, never have, and we elected them anyway, they’d better just stay the course.


97 posted on 11/13/2014 8:01:11 PM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: Evil Slayer

I just sent this to Rush Limbaugh and requested he talk about it tomorrow.
____________________________________________________________

I rarely listen to Rush anymore, but I will tomorrow. As encouraging as this sounds, I’m pretty sure that the punk has done his homework and will weasel word the EO to preclude a legal challenge.


98 posted on 11/13/2014 8:01:13 PM PST by AFret.
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To: demshateGod

I still need to sleep - don’t depress me


99 posted on 11/13/2014 8:01:30 PM PST by 11th_VA (Impeachment is not the answer)
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To: drpix
Obama can start the preparations, but....

I looked at your post and read, 'reparations" instead of "preparations".

Now that I think about it, I wouldn't put it past Obama to try something in that area too, because, you know, "It's the right thing ta do!"

100 posted on 11/13/2014 8:02:06 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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