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.

Obama_imperialpresident

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.

Newtown, CT Victims’ Families Sue Bushmaster, Manufacturer of AR-15, Gun Used by Adam Lanza in 2012 Sandy Hook Elementary School Attack

The Sandy Hook Elementary School murders were unspeakable, however, this lawsuit is misguided and Unconstitutional …

The murders of 27 individuals, 20 of whom were children, at the Sandy Hook Elementary School in Newtown, Connecticut on December 14, 2012 was a crime so heinous that it was hard to fathom how anyone could be so insane and filled with hate. However, 20 year old gunman Adam Lanza committed this act of violence as he barged into a defenseless elementary school and  took part in the deadliest school shootings in U.S. history. Now the families of nine people killed in the Sandy Hook elementary school massacre are suing Bushmaster, a privately held company based in Windham, Maine that manufacture the AR-15. This was the gun that Lanza used in the mass murders.

The 40 page lawsuit, filed in Connecticut Superior Court in Bridgeport, names Bushmaster, the weapons distributor and the retailer, Riverview in East Windor, that sold the gun used in the shooting as defendants. The plaintiffs seeks unspecified monetary damages.

AR-15

The families of nine people killed in a 2012 massacre at a Newtown, Connecticut, elementary school sued the maker of the gun used in the attack on Monday, saying the weapon should not have been sold because it had no reasonable civilian purpose.

While the AR-15 assault weapon used in the attack on Sandy Hook Elementary School was legally sold in Connecticut, the lawsuit contends that the weapon should not have been available to 20-year-old gunman Adam Lanza. The AR-15 is manufactured by Bushmaster, a privately held company based in Windham, Maine.

Lanza shot dead 20 first-graders and six educators in the Dec. 14, 2012, attack, which stands as one of the deadliest school shootings in U.S. history. The massacre sparked a fresh debate on gun rights, which are protected by the Second Amendment of the U.S. Constitution.

“This is a weapon that is designed for military use, for killing as many people as efficiently as possible,” Michael Koskoff, a lawyer for the plaintiffs, said in a phone interview. “It’s negligent for any seller to sell a weapon like that to the general public.”

As tragic as the Sandy Hook Elementary school massacre was and as much we hope that the families affected by this tragedy can move forward from this devastating act of violence at the hands of Adam Lanza, I am sorry but this law suit is misguided. The gun was legally bought by Adam Lanza’s mother, who was also murdered by this sick kid. The guns were legally registered to Nancy Lanza. Adam Lanza was refused the purchase of a firearm as he did not pass back ground checks. If anyone was negligent, one might say it was the mother who shared her gun enthusiasm with her mentally deranged son and did not properly lock them away from this killer. Millions of Americans own AR-15′s and use them for person and civilian use. The notion that plaintiff attorneys say that this weapon is only for military use is incorrect. The AR-15 is not an assault weapon, however, the liberal MSM would like you to think so. What Adam Lanza did was an heinous an act possible … but suing a gun manufacturer that is protected by the Second Amendment and followed all the laws is wrong.

Sandy Hook Families File Wrongful-Death Suit Against Gun Manufacturer:

The lawsuit, hand-delivered to a Connecticut state marshal on Saturday, names as defendants Bushmaster Firearms International LLC, which is owned by Remington Outdoor Co.; Camfour, a company that distributes Bushmaster products; and Riverview Gun Sales, a East Windsor, Conn., gun shop that sold the rifle to Ms. Lanza.

It claims the gunmaker, the firearms distributor, and the store that sold firearm are liable for producing and selling a weapon unfit for civilian use, reports WSJ’s Joseph De Avila.

Remington declined to comment. Camfour and Riverview Gun Sales didn’t return requests for comment.

George Kollitides, the chief executive of Remington Outdoor, told the Washington Times in June 2013 that Mr. Lanza alone, and not the rifle, was to blame for the killings.

“It’s very easy to blame an inanimate object,” he said. “Any kind of instrument in the wrong hands can be put to evil use. This comes down to intent — criminal behavior, accountability and responsibility.”

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.

Hypocrisy Meter

Transcript from RCP:

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.

The Blaze:

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.

The Weekly Standard:

“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.”

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.

Lawrence O’Donnell of MSNBC on Barack Obama’s Immigration Plan (VIDEO) … “I Haven’t Found a Single Elected Democrat in Washington” that Can Legally Justify It

HMM … EVEN LAWRENCE O’DONNELL OF MSLSD MSNBS MSNBC HAS ISSUES WITH WHAT BARACK OBAMA INTENDS TO DO AND QUESTIONS ITS LEGALITY …

This does not happen very often, a host at MSNBC has a lucid moment. Although he bypassed many parts of Barack Obama’s intended immigration changes, even though they are Unconstitutional, Lawrence O’Donnell questioned his panel to give him the legal justification. O’Donnell states, I have not found a single elected Democrat in Washington that could give me the legal justification that allows Obama to do this. You know it is mad when even MSNBC questions a Democrat president.

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.

The Weekly Standard:

“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.”

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

VIDEO

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.

Bill Maher & Ben Affleck Battle Over Radical Islam … “They Will F*cking Kill You”

Ben Affleck gets his “liberal” lunch handed to him by Bill Maher … 

Poor Ben Affleck was just a perplexed mess as for once he was not surrounded by individuals who were just there to agree with him in an echo chamber. Affleck was given a lesson into the real war on woman. However, I hardly believe that he thought such a thing would happen with his appearance with Bill Maher. Affleck had a look of disbelief when Maher said,  “It is the only religion that acts like the Mafia. They will F*cking kill you if you say the wring thing, draw the wrong picture or write the wrong book.”

It was not too long ago when Maher ripped Charlie Rose a new one and informed him that Islam was not like other religions.

The Blaze:

Affleck was noticeably uncomfortable and frustrated throughout the discussion, calling claims that there are widespread problems within the Islamic religion “racist” and “gross.” Maher said liberals should stick up for liberal principles that many in the Muslim faith do not value, such as freedom of speech and equality for women.

Later in the segment, Affleck said the United States has “killed more Muslims” than radical Islamists have killed Americans while asking Maher to lay out his solution.

“I can show you a Pew Poll of Egyptians, they are not outliers in the Muslim world that say like 90 percent of them believe that death is the appropriate response to leaving the religion,” Maher eventually responded. “If 90 percent of Brazilians thought death was the appropriate response to leaving Catholicism, you would think it was a bigger deal.”

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