Posted on 12/16/2014 11:38:02 AM PST by jazusamo
A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.
Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote.
The judge also said the policy allows illegal immigrants “to obtain substantive rights.”
The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.
(Excerpt) Read more at washingtontimes.com ...
Screw you GOPe for not voting with Ted Cruz. Idiots!!
YES! , now jail the socialist marxist would be dictator Obama for these high crimes that violated our Constitution which he cannot do
The GOP House leadership will DOUBLE DOWN and try to squelch this story and this decision. They want total amnesty.
” and Judge Schwab’s order does not invalidate the president’s policies”
—
For heaven’s sake,why?
.
True..Washington Establishment Party, votes constantly to screw the American Taxpayers.
Check the brakes on the way home.
Meaningless.
Even if SCOTUS throws it out, he’ll do it anyway
BTTT!
GO Ted Cruz!
So what. One can just as easily find another judge who'll be carrying the Left's and Bath House's water on this issue. What "the law" means anymore is nothing but a judicial lottery by black robed idiots with big egos.
Isn’t that John Boehner’s truck?
And on appeal, the next judge will say it’s Constitutional, and then the next will shoot it down, and finally it’ll wend its way to SCOTUS, where the namby pamby, so-called “Conservative” judges will find a reason that it’s Constitutional, and all will be well in Obolaland. And us “patriots”? Well, we’ll keep on doing what we do best: Piss and moan, and then go to work so we can pay the bills.
As it should be.
Exactly right. What's congress gonna do anyway? Impeach? No way. Not a black man - nation-wide Ferguson riots would result. Besides, congress is made of cowards, naves, thieves and traitors, anyway.
It’ll be overturned on appeal.
That said, Obama’s not going to back down.
For sure Jim. We’ll purge them next.
LOL, Throw some of that unconstitutional back at Obama , ROFL
That's what I'm wondering. What's to stop Obama from spending the next two years in Hawaii, passing executive orders and doing what he damn well pleases? Boehner and McConnell?
It's up to the conservatives in the HOR to get Boehner out of his position.
This deal is done.
There is no Executive Order, if I understand it correctly. That, in and of itself is a problem for Obama because not only is he implementing something not authorized by the Constitution, there is no executive order for it either. There is NO authorization for it, whatsoever, except for the fact it has been funded.
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