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U.S. Constitution
See other U.S. Constitution Articles

Title: REPUBLICANS CAN STOP EXECUTIVE ORDER AMNESTY DEAD
Source: [None]
URL Source: http://northamericanlawcenter.org/r ... der-amnesty-dead/#.VG3FmvnF-Jg
Published: Nov 20, 2014
Author: JB Williams
Post Date: 2014-11-20 05:48:17 by out damned spot
Keywords: Republicans, executive order, amnesty
Views: 7887
Comments: 32

The little dictator-in-chief is set to announce his unconstitutional attempt to circumvent and subvert the constitutional powers of Congress Thursday night, as he attempts to single-handedly grant millions of illegal aliens defacto amnesty and then head off to Las Vegas to party with Harry Reid.

A little past noon Wednesday the 19th, the White House posted a Facebook announcement that reads as follows;

“It’s time to fix our broken immigration system. Tomorrow night (November 20th), President Obama will address the nation on new commonsense steps he’s taking to fix as much of it as he can. Tune in tomorrow at 8pm ET on http://WhiteHouse.gov/Immigration-Action #‎ImmigrationAction‬”

Does Barack Hussein Obama have any constitutional authority to alter U.S. Immigration and Naturalization laws or rules via Executive Order?

The answer is not just NO, it is absolutely not!

Article I – Section 8, under the enumerated powers of Congress, the U.S. Constitution assigns all legal authority to establish rules and regulate United States Immigration and Naturalization solely to the U.S. Congress, which has indeed established a uniform set of rules for immigrating to the United States and becoming a United States citizen.

Article II relative to the Executive powers of the Oval Office makes no mention of any law-making authority whatsoever, any powers to regulate Immigration or Naturalization rules, or any power to circumvent or subvert the Laws of the United States as established by Congress. There is also no mention of Executive Orders or special executive powers in Article II of the U.S. Constitution.

Therefore, Barack Hussein Obama has NO constitutional legal authority whatsoever to alter, circumvent, subvert or otherwise ignore the standing laws of the United States concerning Immigration and Naturalization.

Article I – Section I – “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Article I – Section 8 – The Enumerated Powers of CONGRESS – “To establish a uniform rule of naturalization…”

This means that any unilateral executive action by Barack Hussein Obama on Immigration and Naturalization is a blatant act of treason. If Barack Obama is foolish enough to take any such action, he must be held fully accountable for those actions immediately.

WHAT ARE EXECUTIVE ORDERS?

The Executive Branch has one constitutional authority, and that is “to faithfully execute the laws of our land,” the U.S. Constitution, the Bill of Rights and our Immigration and Naturalization laws. Obama and all Democrats have openly and purposefully refused to do so and now, they threaten to run roughshod over congressional authority in broad daylight, expecting both Congress and the American people to lay down and silently take it.

Under Article II – Section I of the U.S. Constitution, “Before he (Obama) enter on the execution of his office, he shall take the following oath or affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Contrary to popular modern “expert legal” opinions from lawyers never taught constitutional law or American history, the President of the United States is not granted any power of dictatorship. The Oval Office does not have any legal authority to rule the nation in any unilateral method.

As a result, any such effort on the part of any Oval Office occupant is a blatant effort to circumvent, subvert, undermine and destroy the Rule of Constitutional Law and the Constitutional Republic.

The power of Executive Orders are limited to items under the legal purview of the Executive Branch and they are limited to “executing the laws” established by Congress. Executive powers do not extend to law-making authority, nor do they extend to subverting or circumventing the laws of our land.

Further, Executive Orders can only stand with the approval of Congress. Congress has the constitutional authority to override any Executive Order that is beyond the legal purview of the Executive Branch under the U.S. Constitution.

NOT A DICTATORSHIP

The United States Constitution does not form a dictatorship, nor does it form a nine member unelected oligarchy called the Supreme Court, nor does it create a government of, by and for La Raza and millions of illegal aliens.

For Obama to successfully commit treason against the United States by aiding and abetting known criminal invaders of our nation, against the overwhelming will of legal American citizens and taxpayers, Congress will have to stand down and abdicate all constitutional congressional authority to the Executive or Judicial branches, rendering the US Congress complicit in the treason and worthy of total destruction by the American people.

WHAT CAN CONGRESS DO?

First, I state for the record – REPUBLICANS HAVE ALL THE POWER THEY NEED TO STOP EXECUTIVE ORDER AMNESTY DEAD, RIGHT NOW!

This means that for Obama to get away with what he is about to attempt, Congressional Republicans will have to allow him to get away with it. It means that Congressional Republicans want amnesty too, but want to be able to use Obama’s unilateral move as a political hammer later…

Second, although many Congressional Democrats are too ignorant to know or care that what Obama is about to attempt is both unconstitutional and illegal, Obama himself does know, which is why he has not already done it, before being bullied into doing it now.

So, if Republicans care to represent their constituents by upholding the Rule of Constitutional Law and protecting and defending the sovereignty and security of the United States, they will have to STOP OBAMA AMNESTY dead in its tracks. Or, they become complicit in Obama’s treason…

Now, the how…

Obama will attempt Executive Amnesty during this lame duck session of congress, before Republicans take control of both houses in January. He will do this because Republicans can hide behind not yet having control of the Senate, which they will falsely claim they must have in order to stop Obama.

However, because the issue is black and white, the power to regulate and make rules concerning Immigration and Naturalization resting in the sole legal purview of Congress, House Republicans can act right now to block Obama amnesty.

House Republicans can immediately move to pass a House Resolution declaring that Barack Hussein Obama has no constitutional authority to regulate Immigration and Naturalization rules, delegated as a sole authority of the U.S. Congress in Article I – Section 8 enumerated powers of Congress, nor any power to circumvent or subvert the Rule of Constitutional Law via Executive Order.

This resolution will render any Executive Order on amnesty “null and void” on arrival, making it an illegal act for Immigration and Naturalization officials to act on that illegal order.

House Republicans can immediately file Article of Impeachment in the House Judiciary Committee, naming all Democrat co-conspirators to include Vice President Joe Biden, Senate Leader Harry Reid and House Minority Leader Nancy Pelosi, making it impossible for any of them to succeed Barack Hussein Obama in the constitutional line of succession to the Oval Office.

A Senate impeachment trial can begin after the 114th Congress is sworn in in January.

There are more steps that can and should be taken by Congress after the first three steps identified above, but there is no point in discussing those steps until House Republicans have taken action on the above items.

In short, the American people do not have to sit back and tolerate the abuses of the executive office that have defined the Obama Administration for the past six years.

The people do not have to quietly accept illegal amnesty via executive fiat and neither does Congress.

I hope that Obama does take this suicidal step tomorrow, as it will bring about the end of his tyrannical despotic and fraudulent reign over America and begin the process of holding all of his co-conspirators fully and criminally accountable for their many acts of treason against the United States and the American people.

My only concern is what lies ahead for Congressional Republicans if they fail to faithfully execute the oaths of their offices and allow Barack Obama to render Congress, the Constitution and our Republic extinct.

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Begin Trace Mode for Comment # 29.

#4. To: out damned spot (#0)

House Republicans can immediately move to pass a House Resolution declaring that Barack Hussein Obama has no constitutional authority to regulate Immigration and Naturalization rules, delegated as a sole authority of the U.S. Congress in Article I – Section 8 enumerated powers of Congress, nor any power to circumvent or subvert the Rule of Constitutional Law via Executive Order.

This resolution will render any Executive Order on amnesty “null and void” on arrival, making it an illegal act for Immigration and Naturalization officials to act on that illegal order.

A House Resolution would not render any Executive Order null and void. A House Resolution would be a legislative fart in the wind. Legislative intent has not been misunderstood.

The question at hand regards the use of executive prosecutorial discretion.

Congress has already written its intent within statute law.

Division C of Pub.L. 104–208, 110 Stat 3009-546 at 720

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)

SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE IMMIGRATION AND NATURALIZATION SERVICE.

It is the sense of the Congress that the mission statement of the Immigration and Naturalization Service should include a statement that it is the responsibility of the Service to detect, apprehend, and remove those aliens unlawfully present in the United States, particularly those aliens involved in drug trafficking or other criminal activity.

In a letter of 1/19/2000 to Rep. Barney Frank, then Assistant Attorney General Robert Raben wrote:

The IIRAIRA eliminated both the possibility of relief from deportation and the possibility of bond for many criminal and other aliens placed in deportation and/or removal proceedings who previously would have been eligible for relief. Consequently, the IIRAIRA rendered the exercise of prosecutorial discretion by the INS the only means for averting the extreme hardship associated with certain deportation and/or removal cases.

Then Rep. Barney Frank (D-MA) commented:

What Congress said was "We are going to take away all of your discretion." The bill that passed purported to take away prosecutorial discretion. The purpose of the bill was to say to INS "Deport them all." It is none of your business to say, "Stay here, or not to stay here. Get rid of all of them."

Rodriguez, Christina, "The President and Immigration Law" (2009), Faculty Scholarship Series, Paper 3908, 512-13 [footnotes omitted]
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4913&context=fss_papers

1. Deportation for Unauthorized Presence

First, and perhaps most importantly, Congress has delegated substantial authority to the President by making deportable all persons who have entered without authorization. Historically, unauthorized entry did not always render an immigrant deportable. The first federal immigration controls contained no deportation provisions.

[...]

Today, however, the Immigration and Nationality Act makes deportable any noncitizen who enters the United States without authorization or who overstays her visa. Though these provisions lay out clear rules that do not confer any de jure discretion on the Executive to determine who has lawful status and may therefore remain in the United States, in practice they delegate tremendous authority to the executive branch. The principal reason is that over thirty percent of all noncitizens living in the United States are deportable under this provision because they have either entered illegally or overstayed their visas.

Id. at 518-19:

Far from eliminating discretion, then, the statutory restrictions on discretionary relief have simply consolidated this discretion in the agency officials responsible for charging decisions. Prosecutorial discretion has thus overtaken the exercise of discretion by immigration judges when it comes to questions of relief.

nolu chan  posted on  2014-11-20   11:33:54 ET  Reply   Untrace   Trace   Private Reply  


#5. To: nolu chan (#4)

House Republicans can immediately move to pass a House Resolution declaring that Barack Hussein Obama has no constitutional authority to regulate Immigration and Naturalization rules, delegated as a sole authority of the U.S. Congress in Article I – Section 8 enumerated powers of Congress, nor any power to circumvent or subvert the Rule of Constitutional Law via Executive Order. This resolution will render any Executive Order on amnesty “null and void” on arrival, making it an illegal act for Immigration and Naturalization officials to act on that illegal order.

Obama wouldn't sign it. It seems today it takes 2/3 to override the dictators executive fiat.

Congress should pass a bill that says that what Obama is doing is invalid. In the language they should say that this doesn't need the Presidents signature it is full force of law.

Then they should draft orders ordering others not to cooperate.

I know it is not going happen.

Obama is like a street gangster. The Republicans are acting like naive white kids from some rich place. The Republicans need to get street wise too and fight back with a scorched earth campaign.

They should also do their constitutional duty to impeach Obama.

If the Senate finds him not guilty. Impeach him again. For the remainder.

I know its not going to happen. Most Republicans are wusses.

A K A Stone  posted on  2014-11-20   11:49:47 ET  Reply   Untrace   Trace   Private Reply  


#29. To: A K A Stone (#5)

FYI -

The Dem immigration bill in the Senate, S. 744, passed 68-32 and died.

It was "blue slipped" and never considered in the House.

When, in the opinion of the House of Representatives, a Senate-introduced bill that raises revenue or appropriates money is passed by the Senate and sent to the House for its consideration, the House places a blue slip on the legislation that notes the House's constitutional prerogative and immediately returns it to the Senate without taking further action. This blue-slipping procedure, done by an order of the House, is routinely completed to enforce its interpretation that the House is the sole body to introduce revenue or appropriations legislation. The failure of the House to consider the legislation means it cannot become a law. This tactic is historically to be of great use to the House and, as a practical matter, the Senate does not introduce tax or revenue measures to avoid a blue slip.

It was an unconstitutional bill originated in the Senate and raising revenue.

http://thomas.loc.gov/cgi-bin/bdquery/z?d113:SN00744:@@@S

S. 744

Latest Title: Border Security, Economic Opportunity, and Immigration Modernization Act

Sponsor: Sen Schumer, Charles E. [NY] (introduced 4/16/2013) Cosponsors (7)

Related Bills: H.R.5, H.R.490, H.R.1596, H.R.2270, H.R.2624, H.R.3130, H.R.3344, H.R.3431, H.R.3568, H.R.3914, H.R.4460, H.R.4951, H.R.4961, S.223, S.616, S.891, S.1889, S.2561, S.2781

Latest Major Action: 6/27/2013 Passed Senate with an amendment by Yea-Nay Vote. 68 - 32. Record Vote Number: 168.

Latest Action: 6/27/2013 Senate ordered measure printed as passed. Senate Reports: 113-40

nolu chan  posted on  2014-11-20   19:41:22 ET  Reply   Untrace   Trace   Private Reply  


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