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03 29, 24, 06:39:08:AM

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Biden Does NOT need a BILL to close the border
He only needs a PEN. Thats all he needed to open it.
Thats all he needed to close it. Thats all Trump needed.
Maybe this is just Proof Trump is better than Biden.

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 |  All Boards  |  Current Events  |  Topic: Obama CANNOT change a Law via Executive Order. 0 Members and 1 Guest are viewing this topic.
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Author Topic: Obama CANNOT change a Law via Executive Order.  (Read 511 times)
chuck_curtis
Contributor
Sr. Member

Posts: 68575

Let's go Brandon!


« Reply #12 on: 11 23, 14, 11:30:49:PM » Reply

I'm done pissing with you, miss.
Truman62
Sr. Member

Posts: 95622

MAGA Policies bring Misery and Death to America!


« Reply #13 on: 11 24, 14, 02:02:16:AM » Reply

He is interpreting the law as he sees fit.

Just like bush refused to monitor CO2.
Just like Reagan sold arms to Iran and used proceeds to arm rebels.  No wait, THAT was illegal!

But the bush thing never caused a ripple among you Repocons, even though the Clean Air Act said he should.
Jim
When someone claims to have an Open Mind they are soon shocked, dismayed, and offended that there actually are other views.
Contributor
Sr. Member

Posts: 62181

What would they do without Anecdotals or Snark


« Reply #14 on: 11 24, 14, 04:19:29:AM » Reply

Vit's not looking for an education.  He's looking for a pissing match.
 
 
Neither Vit not jig have the ability to be educated. Closed minds have no opening. The best they can do is piss into the wind then act like victims when they get wet.
 
John Adams
Before a free people can be oppressed they must first be idealogically disarmed....
Sr. Member

Posts: 43255

Repeal the 17th Amendment, No direct elections


« Reply #15 on: 11 24, 14, 05:27:47:AM » Reply

Laws that past President created.

There in lies the problem, presidents do not create laws, that is the Constitutional role of Congress....
hoosier_daddy
Don't hate me because I am beautiful
Sr. Member

Posts: I am a geek!!

how cool that chemtrail can change profiles


« Reply #16 on: 11 24, 14, 05:58:36:AM » Reply

even clowns at fox know the president has a lot of discretion in how and in what priority the laws of the land are executed.  you idiots.  take bush, please.  he refused to enforce many EPA regulations, and weakened the EPA by every method possible, including hiring people in bed with the corporate polluters TO BE IN CHARGE OF REGULATING THESE CORPORATIONS...did you cry like stupid fuck pigs then because rush limbaugh said to?

http://mediamatters.org/blog/2014/11/07/fox-news-cant-decide-whether-executive-action-o/201500

But legal experts largely agree that Obama's pledged executive action is constitutional. According to a letter signed by over 100 legal experts, the use of prosecutorial discretion "is a common, long-accepted legal practice in practically every law enforcement context," including in immigration law. The letter continued:

There are multiple forms of immigration prosecutorial discretion. Discretion covers both agency decisions to refrain from acting on enforcement, like cancelling, serving or filing a charging document or Notice to Appear with the immigration court, as well as decisions to provide a discretionary remedy like granting a stay of removal, parole, or deferred action. A favorable grant of prosecutorial discretion does not provide formal legal status or independent means to obtain permanent residency. It does, however, provide a temporary reprieve from deportation. Some forms of prosecutorial discretion, like deferred action, confer "lawful presence" and the ability to apply for work authorization.

The application of prosecutorial discretion to individuals or groups is grounded in the Constitution, and has been part of the immigration system for many years. Furthermore, court decisions, the immigration statute, regulations and policy guidance have recognized prosecutorial discretion dating back to at least the 1970s. Notably, in 2012, the U.S. Supreme Court reiterated: "A principal feature of the removal system is the broad discretion exercised by immigration officials ... Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all[.]" Federal courts have also recognized prosecutorial discretion and with respect to deferred action in particular, discussed its reviewability.

As UCLA Law Professor Hiroshi Motomura explained, an expansion of DACA -- like the original use of prosecutorial discretion for DREAMers in 2012 -- is a way for immigration officials to utilize limited law enforcement resources to create "a list to prioritize who should be deported first." In a Washington Post interview with Motomura, he explained how executive action is common sense:

"Here's how I think about it. If the president can make a list to prioritize who should be deported first, then I think it's clear that he can give people at the bottom of that list a piece of paper saying you're at the bottom," Motomura says. "That's how I think about DACA. It's clearly within his discretionary power. But if he did this for every single immigrant, he would no longer be exercising his discretion. That would be problematic."

Even Hannity's Fox News cohorts seem to understand this long-standing use of executive authority is legal. On the November 6 edition of The O'Reilly Factor, Fox News legal analyst Lis Wiehl explained how prosecutorial discretion works in an immigration context, noting a series of memos written by former U.S. Immigration and Customs Enforcement Director John Morton that have prioritized certain deportations over others since 2011, a formalization of prosecutorial discretion that "reaffirms many of the principles and policies of previous guidance." Wiehl pointed out that the memos "basically said to the ICE agents, you know, if you've got an illegal immigrant that's here, unless they've committed a felony or multiple felonies, don't go after them. The key words in these memos are "prosecutorial discretion." What that means code for is, don't prosecute." O'Reilly followed up: "Okay, so this is like a town where the police chief would say to its cops, you know, if somebody's smoking marijuana in the street, low-level beef, ignore it. They do that in a lot of places[.]"

O'Reilly's panel pointed out that the memos weren't "legally binding," but none of them questioned the constitutionality of prosecutorial discretion. 

Fox News host Megyn Kelly also admitted that the president has authority to use executive orders to address immigration reform and prioritize law enforcement resources. On the November 6 edition of The Kelly File, Kelly explained to her guest, Sen. Jeff Sessions (R-AL), that "the president does have prosecutorial discretion when it comes to immigration, the Supreme Court made that clear as recently as 2012":
John Adams
Before a free people can be oppressed they must first be idealogically disarmed....
Sr. Member

Posts: 43255

Repeal the 17th Amendment, No direct elections


« Reply #17 on: 11 24, 14, 06:00:00:AM » Reply

EPA regulations are not laws created by Congress asshat....
hoosier_daddy
Don't hate me because I am beautiful
Sr. Member

Posts: I am a geek!!

how cool that chemtrail can change profiles


« Reply #18 on: 11 24, 14, 06:03:55:AM » Reply

yes, they are, you fucking moron.  just like regulations implemented by the IRS, by Social Security, by Medicare are laws with full congressional and legal authority, you stupid fucking piece of shit.  why do you like showing how fucking stupid you are, boy?
John Adams
Before a free people can be oppressed they must first be idealogically disarmed....
Sr. Member

Posts: 43255

Repeal the 17th Amendment, No direct elections


« Reply #19 on: 11 24, 14, 06:06:21:AM » Reply

Did Congress write the EPA laws, I think not ergo they are not laws created by Congress.....

Nondelegation and the Administrative State

The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they, who have it, cannot pass it over to others. . . . And when the people have said, We will submit to rules, and be govern'd by Laws made by such Men, and in such Forms, no Body else can say other Men shall make Laws for them; nor can the people be bound by any Laws but such as are Enacted by those, whom they have Chosen, and Authorised to make Laws for them. The power of the Legislative being derived from the People by a positive voluntary Grant and Institution, can be no other, than what the positive Grant conveyed, which being only to make Laws, and not to make Legislators, the Legislative can have no power to transfer their Authority of making laws, and place it in other hands.

— John Locke, Second Treatise on Government, 1690
sweetwater5s9
Contributor
Sr. Member

Posts: 99142


« Reply #20 on: 11 24, 14, 06:11:32:AM » Reply

We have a clear violation here of Article 2, Section 3.

The best case may come from Republican governors and state attorneys general, who say that the actions will put new burdens on their local governments and that, thus, they may have the most legal "standing" to sue. Kansas's secretary of state, Kris Kobach, is one of them and is profiled in Sunday's Washington Post.
hoosier_daddy
Don't hate me because I am beautiful
Sr. Member

Posts: I am a geek!!

how cool that chemtrail can change profiles


« Reply #21 on: 11 24, 14, 06:14:34:AM » Reply

you boys are too fucking stupid to even try to educate.  how can you boys believe such bullshit?  we know reagan and both bushes also signed executive orders that affected how the immigration laws would be executed, without congress, and you boys didn't cry and cry and ruin your makeup over those...why now, stupid fuck racist pigs?
Jim
When someone claims to have an Open Mind they are soon shocked, dismayed, and offended that there actually are other views.
Contributor
Sr. Member

Posts: 62181

What would they do without Anecdotals or Snark


« Reply #22 on: 11 24, 14, 06:16:36:AM » Reply

 
But Mommy, Johnny did it, why can't I ??   Leftists are sooo childish....
 
John Adams
Before a free people can be oppressed they must first be idealogically disarmed....
Sr. Member

Posts: 43255

Repeal the 17th Amendment, No direct elections


« Reply #23 on: 11 24, 14, 06:18:21:AM » Reply

The hoosier idiot still does not know of Simpson-Mazzoli.....
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