Federal Court in Pennsylvania Declared President Obama’s Executive Actions on Immigration Policy Unconstitutional
IMAGINE THAT, A FEDERAL COURT RULES THAT IT IS UNCONSTITUTIONAL FOR OBAMA TO BE AN EMPEROR …
U.S. District Court Judge Arthur Schwab has ruled that parts of Barack Obama’s executive actions on immigration policy unconstitutional. It’s a start, even though any one with any common sense or grasp of the Constitution knows Obama’s executive order was Unconstitutional. Although this decision was part of a criminal case, look for this case to make it’s way through the federal court system and ultimately to the Supreme Court.
Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.
According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.
The full opinion can be read HERE.
Judge Arthur Schwab stated that Obama’s executive order violated separation of powers.
“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,” Schwab wrote in his 38-page opinion (posted here). “President Obama’s November 20, 2014 Executive Action goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights.”
The Pittsburgh-based judge rejected a Justice Department legal opinion arguing that Obama’s actions fall within the traditional realm of the executive’s discretion about which cases to pursue and which to overlook. Schwab, a George W. Bush appointee, also quoted in detail from a series of public statements Obama made in recent years about the limits on his executive authority to make sweeping changes in immigration enforcement.
As Q and A opines, if this case goes to the SCOTUS, will the “ObamaCare is a tax” court manage to actually rule as this judge has, that the executive has unconstitutionally exceeded his power? Who knows anymore at this point. After Justice Roberts bent over backwards for Obamacare, one can only wonder whether the SCOTUS will get this one right.
Rep. Chaffetz (R-UT) Asks HSS Jeh Johnson, “Did the President Change the Law?” and What Happened to the Deportation of the Terrorists” Who Entered the US Illegally
An amazing exchange yesterday between Rep. Jason Chaffetz (R-UT) and Homeland Security Secretary Jeh Johnson discussing whether President Barack Obama had the Constitutional authority to change immigration law and what happened to the four terrorists who snuck into the United States illegally. Were they deported? The responses from Johnson were startling, but not unexpected from this corrupt, lawless and lying administration. Jeh Johnson actually had the audacity to call the exert from Obama’s speech suspicious. REALLY SIR? The Obama administration might want to look in the mirror. And you wonder why no one can work with Obama or his administration, their word means nothing.
REP. JASON CHAFFETZ (R-Utah): What do you say to someone who believes the president took action to change the law?
JEH JOHNSON, DHS SECRETARY: We do not change the law, we act within the law.
CHAFFETZ: Can you play the clip? This is from Nov. 25. This is the president in Nevada talking about this (VIDEO).
BARACK OBAMA audio clip: But what you’re not paying attention to is the fact that I just took an action to change the law.
CHAFFETZ: So you say you didn’t change the law, but the president said he changed the law.
JOHNSON: We acted within existing law. We acted within our existing legal authority. Listen, I’ve been a lawyer 30 years, somebody plays me an eight word excerpt from a larger speech, I know to be suspicious. That was very nice.
CHAFFETZ: I’m going to read it back: “Now you’re absolutely right that there have been a significant number of deportations that’s true, but what you’re not paying attention to is the fact I just took action to change the law, so that’s point number one. Point number two: The way the change in the law works…” and he goes on. He’s pretty clear and he is the president of the United States. This is why we have a hard time believing that Homeland Security is doing the right thing.
Rep. Jason Chaffetz (R-Utah.) grilled Homeland Security Secretary Jeh Johnson over his department’s failure to deport four members of a terrorist organization who were captured crossing illegally into the U.S.
During a Tuesday hearing, Chaffetz recalled that Johnson had previously promised four men nabbed crossing the Southern border in early September would be deported. The individuals were thought to have ties to the Kurdistan Workers’ Party, an organization designated as a terrorist group by the State Department.
“Did you deport them?” the Utah representative asked Johnson.
“Uh, no. Not at this point,” Johnson answered.
“What is the disposition of those four people,” Chaffetz pressed.
“Two are detained, the two others were released by the judge — uh, not my preference — they were released by the judge and they fled to Canada and they are seeking asylum in Canada,” the homeland secretary responded, before placing blame on an immigration judge for releasing two of the four men.
Barack Obama Just Admitted to Immigration Hecklers that He Shredded the US Constitution … “I Just Took an Action to Change the Law”
HEY CHIEF JUSTICE JOHN ROBERTS AND THE SUPREME COURT, PAY CLOSE ATTENTION THE WORDS THAT JUST CAME OUT OF PRESIDENT OBAMA’S OWN MOUTH …
While speaking Tuesday in Chicago pandering to Hispanics and discussing his recent executive order regarding amnesty for illegal immigrants, President Barack Obama went off script and actually spoke the truth. Obama stated to the hecklers, “I just took an action to change the law”. It was only last week that the White House was defending Obama’s Unconstitutional executive amnesty order as making changes within the existing law. Hmm, it sounds like he just admitted that he “took an action to change a law, PERIOD! Obama so wanted to be liked by the crowd and garner their cheers and adulation that he spoke the truth. Too bad he had no Constitutional right to do so. To hell with the separation of powers.
“All right, OK. OK. I understand,” Obama told the protesters after letting them go on for some time. “Listen. Hold on, hold on, hold on. Young lady, young lady, don’t just — don’t just start — don’t just start yelling, young ladies. Sir, why don’t you sit down, too?
“Listen, you know — here. Can I just say this, all right? I’ve listened to you. I heard you. I heard you. I heard you. All right? Now I have been respectful, I let you holler. All right? So let me just — nobody is removing you. I have heard you, but you have got to listen to me, too. All right? And I understand you may disagree, I understand you may disagree. But we have got to be able to talk honestly about these issues, all right?
“Now, you’re absolutely right that there have been significant numbers of deportations. That’s true. But what you are not paying attention to is the fact that I just took an action to change the law.”
SNL’s Barack Obama Pushes The Schoolhouse Rock Immigraton Bill Down The Capitol Steps … Making His Own Executive Order
What makes good humor is it has to contain some truth. What makes great humor is it is 100% the truth …
Last night SNL opened the show with a skit that was fantastically funny and pathetically sad all at the same time. For all those who are old enough to remember the School House Rocks, ‘I’m Just a Bill,’ completely understood the biting sarcasm and mockery of the political system. Instead of the way we learned it as kids and the way the US Constitution provides for … “I’m just a bill, yes I’m only a bill, and I’m sitting here on Capitol Hill,” Barack Obama decided to change law on his own. The result, SNL’s I’m an executive order.
As the immigration bill sings to the young boy explaining how a law is made, Obama tosses the bill down the Capitol Hill steps in lieu of his executive order, “I’m an executive order and I pretty much just happen”.
Boy: [After Obama pushes the bill down the Capitol Hill steps] President Obama, what’s the big idea, that bill was just trying to become a law.
Obama: I realize that. But you know son there is an even easier way to get things done around here. It’s called an executive order.
Executive Order: “I’m an executive order and I pretty much just happen”. And that’s it.
Boy: Wait a second, don’t you have to go through Congress at some point?
Executive Order: Awe, that’s adorable. You still think that’s how government works. Ha, ha, ha.
Immigration Bill: [After climbing back up the steps] Don’t listen to them son. Look at the midterm elections, people clearly don’t want this, ahh [Obama pushes the bill down the steps again].
Boy: Mr President, is this Constitutional?
Obama: Of course, Presidents issue executive orders all the time.
Executive Order: That’s right. I could do lots of things. I’ll create national park or a new holiday.
Obama: Or grant legal status to 5 million undocumented immigrants.
Executive Order: Wait, what!!!
Obama: Yup, that’s what you are going to do.
Executive Order: Om my God, I didn’t have time to read myself. Whoa!!! OK, go big or go home, huh?
Finally, the first biting political spoof from Saturday Night Live in a while: the Bill from Schoolhouse Rock explains to a student how he becomes a law, only to be violently beat up by Barack Obama and his new best friend, “Executive Order.”
Even then, the poor Executive Order still thinks he’s used for simple things, like declaring holidays and creating national parks, until Obama informs him that he’s going to be used to grant amnesty to 5 million undocumented immigrants. His reaction: “Whoa.”
Remember When Emperor Barack Obama Said He Did Not Have the Power to Take Executive Action on Immigration?
Not only does the Emperor have no clothes, he has no credibility and no Constitutional authority …
Remember when Emperor Barack Obama said the following:
- “I take the Constitution very seriously, the biggest problems that we facing right now is George Bush trying to bring more and more power into the Executive branch and not go through Congress at all. And that is what I intend to reverse when I am President of the United States of America.”
- “There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system.”
- “For me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as president.”
- “With respect to the notion that I can just suspend deportations through executive order, that’s just not the case.”
- “There are laws on the books that I have to enforce”.
- “If in fact I could solve all these problems without passing laws in Congress, then I would do so.”
- “This notion that I can change laws unilaterally is just not true”.
Really Mr. President? Because last night when you announced your executive order on immigration, you pretty much did a 180 on every single previous remark you have ever made on the issue. So much for the rule of law and the US Constitution. If Barack Obama cared so much about these families and even went so far to cite scripture, why didn’t he do it sooner? Just curious, does Obama care about the American legal citizens whose families are about t be affected by this influx? How about all the people who came to the United States legally?
The president will also announce plans to shift enforcement efforts, ordering federal law enforcement officers to narrow their focus to those illegal immigrants with criminal records, gang affiliations or ties to terrorism.
And Obama will expand the total number of high-tech visas that are available, as well as loosen restrictions so that more would-be entrepreneurs can travel legally to the United States to launch companies.
The president and other Cabinet and senior administration officials plan to “fan out” across the country over the coming weeks in order to promote the executive actions, according to one aide.
The moves are all aimed at “bringing some accountability to our broken immigration system,” a senior administration official said Thursday.
The biggest change to the immigration system will be a new program that allows the parents of U.S. citizens and permanent residents to apply for work permits and deferred deportation.
An estimated 4 million parents will be eligible for the initiative. They are people who have been in the United States for at least five years and have no felony convictions but are currently in the country illegally.
Emperor Obama Shreds the US Constitution with Immigration Amnesty Executive Order … Obama Rewards the Breaking of the Rule of Law
Barack Obama: If you like your illegal immigrant, you can keep your illegal immigrant …
So this is the way that Barack Obama starts on his promise of wanting to work with the GOP following the Democrat midterm election butt kicking? Tonight, Barack Obama went there and played with matches. Obama started his speech by saying, “Today our immigration system is broken and everybody knows it.” Obama should know it is broken, he helped break it by not enforcing current laws on the books. Tonight, Obama tried to play the emotion and guilt card on Americans saying, let’s be honest, tracking down, rounding up and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans.” One usually does use emotion when they can’t stand on the law. Actually, Americans are people who believe in the rule of law and the US Constitution. Obviously, Barack Obama does not.
One has to ask themselves, why now? If this was such an important issue and so vital to America and Latinos, why didn’t he do it back in 2009-2010 when Democrats had control of both the House and the Senate? Why didn’t he do it in 2012 before his reelection? Why didn’t he make this speech and put forth this executive order before the 2014 midterm elections? I think we all know the answer. Sorry to be so cynical, but this president has lost all right to be trusted. Especially when Obama has said over and over gain that he did not have the legal authority to do so. But suddenly … tonight he has the legal authority. So does that mean he had been lying all of the time in the past? Like I said previously, Obama has zero credibility.
Interestingly enough, the ABC, CBS and NBC did not cover Obama’s speech.
Full transcript can be read HERE.
OBAMA: First, we’ll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings and speed the return of those who do cross over.
Second, I’ll make it easier and faster for high-skilled immigrants, graduates and entrepreneurs to stay and contribute to our economy, as so many business leaders proposed.
Third, we’ll take steps to deal responsibly with the millions of undocumented immigrants who already had live in our country.
I want to say more about this third issue, because it generates the most passion and controversy. Even as we are a nation of immigrants, we’re also a nation of laws. Undocumented workers broke our immigration laws, and I believe that they must be held accountable, especially those who may be dangerous.
That’s why over the past six years deportations of criminals are up 80 percent, and that’s why we’re going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids. We’ll prioritize, just like law e enforcement does every day.
But even as we focus on deporting criminals, the fact is millions of immigrants in every state, of every race and nationality still live here illegally.
And let’s be honest, tracking down, rounding up and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans.
It wasn’t too long ago when Obama said he wasn’t the Emperor of the United States and his job was to execute laws that are passed.
Jon Stewart Slams Barack Obama on Immigration … Didn’t Obama Previously Says, ‘I’m Not the Emperor of The United States’
LOOKS LIKE OBAMA THINKS HE IS THE EMPEROR OF THE UNITED STATES …
Wow, even Comedy Channel’s Jon Stewart mocked Barack Obama for his flip-flop on his, “I am not an Emperor,” in taking executive action on immigration. In 2013 Obama was telling people who could not change immigration alone as that is not how the US Constitution worked and he was not the Emperor of the United States. As Stewart amusingly opined, “all it took was one bad midterm election” for Obama to go from “I’m not an emperor” to, well, this.
Jon Stewart took a shot at President Obama tonight for promising executive action on immigration over a year after saying he can’t because he’s not an “emperor.”
Stewart found it amusing that “all it took was one bad midterm election” for Obama to go from “I’m not an emperor” to, well, this.
“My job is to execute laws that are passed and Congress right now has not changed what I consider to be a broken immigration system,” Obama said. “I’m the president of the United States. I’m not the emperor of the United States.”
Stewart said, though, that it only took “one bad midterm election” for the president to totally change his tune and abandon his initial “I’m not the emperor” sentiment.
But Republicans weren’t immune to Stewart’s critiques either, as he went after numerous politicians and talking heads during the segment.
EXIT QUESTION: How on earth does this man justify his actions when his own words states the contrary?
Barack Obama Wrote in his 2006 Autobiography, ‘The Audacity of Hope’ … An Influx of Illegal Immigrants Will harm “the Wages of Blue-Collar Americans” & “Put Strains on an Already Overburdened Safety Net.”
THE AUDACITY OF HIS OWN WORDS: BARACK OBAMA OWN WORDS REGARDING ILLEGAL IMMIGRATION AND THE DAMAGE IT WILL CAUSE AMERICANS …
The below statements are not from Conservative or GOP critics of Barack Obama’s amnesty plan. They are not of Rush Limbaugh, Sean Hannity, Laura Ingraham or anyone at Fox News. They are in fact the words of Sen. Barack Obama in 2006 when he was running for president and penned his autobiography, ‘The Audacity of Hope’. Obama admits that such a large influx of low-skilled workers would threaten to depress further the wages of blue-collar Americans and put strains on an already overburdened safety net. That was then and this is now, what changed? Obama wants to sign an executive order that would allow this to happen. So does Obama not care about black people? Blacks already have an more than double the rate of white unemployment rate. Does he not care about blue collar workers?
I wrote what, its so hard to keep the lies straight?
“There’s no denying that many blacks share the same anxieties as many whites about the wave of illegal immigration flooding our Southern border—a sense that what’s happening now is fundamentally different from what has gone on before,” then-Senator Obama wrote in his 2006 autobiography, “The Audacity of Hope: Thoughts on Reclaiming the American Dream.”
“Not all these fears are irrational.”
“The number of immigrants added to the labor force every year is of a magnitude not seen in this country for over a century,” Obama noted. “If this huge influx of mostly low-skill workers provides some benefits to the economy as a whole—especially by keeping our workforce young, in contrast to an increasingly geriatric Europe and Japan—it also threatens to depress further the wages of blue-collar Americans and put strains on an already overburdened safety net.”
Hey Hispanic voters, La Raza and the rest, did you read this … Obama also reveals that he personally feels “patriotic resentment” when he sees Mexican flags at immigration rallies. Hmm, is Barack Obama a racist?
“And if I’m honest with myself, I must admit that I’m not entirely immune to such nativist sentiments,” Obama wrote. “When I see Mexican flags waved at pro-immigration demonstrations, I sometimes feel a flush of patriotic resentment. When I’m forced to use a translator to communicate with the guy fixing my car, I feel a certain frustration.”
Charles Krauthammer Says that Obama Executive Order Bypassing Congress and Constitution is an “Impeachable Offense”
IMPEACHABLE OFFENSE … THE LAWLESS BARACK OBAMA.
Tonight on The Kelly Files, Charles Krauthammer said to Megyn Kelly that amnesty by Barack Obama through executive order is an “impeachable offense.” However, Krauthammer feels that the GOP missed their opportunity as they failed to act in past cases with Obama of executive power grabs and his rewriting laws on his own and ruling by fiat. I also find it hard to believe that the Republicans would ever impeach Obama, hell they do not seem to have the CO-JONES to defund Obamacare or a potential amnesty in fear of shutting don the government and being blamed. Hey gutless GOP leadership, how well did you do in the last election following the 2013 government shut down?
Krauthammer went on to say that the Democrats will rue the day that Barack Obama act in his imperialist manner. One day the GOP will be back in power and it may just be pay back time. Obama claims that he is forced into passing immigrations policy via executive order because the Republicans have not passed anything. Really? Wasn’t it Barack Obama and the Democrats that had complete control of the House and Senate in 2009 and 2010 and did nothing to pass immigration? The president is nothing but a liar and a trouble maker trying to divide America and shred the US Constitution.
“If the circumstances were different, if we were at the beginning of a presidency, if we hadn’t had years when the Congress has been supine and unresponsive at other grabs of their authority by the executive–like Obama unilaterally changing Obamacare after it was passed about 30 times with no response from the Congress–the same as Obama essentially re-writing some of the drug laws.
“This idea of prosecutorial discretion is really a travesty. It is intended for extreme cases. For a case where you want to show mercy for an individual or two where it’s unusual incident, unusual circumstances and you say, okay, we’re going to give this person a pass. It was never intended to abolish a whole class of people subject to a law and to essentially abolish whole sections of a law. And that’s exactly what’s happening here.”
Posted November 14, 2014 by Scared Monkeys
Amnesty, Barack Obama, Charles Krauthammer, Community Agitator, Divider in Chief, Gutter Politics, Illegal Immigration, Imperial President, Misleader, Obamanation, Partisan hack, Saul Alinsky, Separation of Powers, US Constitution, WTF, You Tube - VIDEO | 2 comments
FOX NEWS Reports that Barack Obama to Announce 10-Point Amnesty Immigration Plan via Exectutive Action Early Next week
WHAT ELSE WOULD YOU EXPECT A COMMUNITY AGITATOR TO DO …
President Barack Obama and Democrats got their Donkey “asses” handed to them in the 2014 midterm elections as a complete and total repudiation of his policies and agenda. So what does Obama do, doubles down on those same reviled policies as would Saul Alinsky. Fox News is reporting that Barack Obama is going to go ahead and poison the well when he returns to Washington, DC by passing an Executive Order declaring amnesty to millions of illegals. Of course he is, because this is what some one does who just wants to cause chaos and dismantle a country. Obama has two years left to destroy America and he could care less whether he does it legally or not. Obama is a lawless president.
Remember when Obama, while pandering to Laraza, said he would like to go it alone, but he could not because that is not is how our sytem works, that is not how our Democracy works, that is not how our Constitution was written. Hmm, what changed other than the fact that this president is looking to reek as much havoc as he can, even though he knows he has no authority to do so. He just does not care.
Video Hat Tip – The Gateway Pundit
President Obama is planning to unveil a 10-part plan for overhauling U.S. immigration policy via executive action — including suspending deportations for millions — as early as next Friday, a source close to the White House told Fox News.
The president’s plans were contained in a draft proposal from a U.S. government agency. The source said the plan could be announced as early as Nov. 21, though the date might slip a few days pending final White House approval.
Obama was briefed at the White House by Homeland Security officials before leaving on his Asia-Pacific trip last week, Fox News has learned.
White House Press Secretary Josh Earnest told reporters traveling with Obama in Burma Thursday that the president had not made a final decision on any executive actions concerning immigration and would not announce any until he returned to Washington.
The plan calls for expanding deferred action for illegal immigrants who came to the U.S. as children — but also for the parents of U.S. citizens and legal permanent residents.
The latter could allow upwards of 4.5 million illegal immigrant adults with U.S.-born children to stay, according to estimates.