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.

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.

Jonathan Turley Says Barack Obama is the President That Richard Nixon Always Wanted To Be … Constitutional Tipping Point

THE IMPERIAL PRESIDENT …

Constitutional law professor Jonathan Turley went on the Hannity Show and said the unthinkable, or should we say the unmentionable when it comes to Barack Obama, he compared him to Richard Nixon. Jonathan Turley, who mostly supports the policies of Obama, stated that we are at a tipping point constitutionally. Turley went on to call the Obama presidency an “imperial presidency, an uber presidency” and one “where the president can act unilaterally.” Folks, this is coming from a liberal.  Then came the money line … “Barack Obama is really the president Richard Nixon always wanted to be.”

People don’t seem to understand that the separation of powers is not about the power of these branches, it’s there to protect individual liberty, it’s there to protect us from the concentration of power. That’s what is occurring here. You know, I’ve said it before, Barack Obama is really the president Richard Nixon always wanted to be. You know, he’s been allowed to act unilaterally in a way that we’ve fought for decades.

RCP_VIDEO_Turley_

VIDEO – Real Clear Politics: click on pic to watch

Transcript from RCP:

SEAN HANNITY: We do have co-equal branches of government, separation of powers. You teach this regularly. You agree with the president politically. For you to say we are at a tipping point constitutionally — now, I agree with you. What does that mean considering our constitution is our rule of law and they are ignoring it?

JONATHAN TURLEY: Well, unfortunately our system is changing, and it’s changing without a debate. Or even a discussion about what we’re going to do in the future when we have a three branch system, a tripartite system but one branch is so dominant. What’s emerging is an imperial presidency, an uber presidency as I’ve called it, where the president can act unilaterally. This is only the latest example of that.

What’s troubling is that we have a system that has been stable precisely because these are limited and shared powers. This president has indicated that he’s just not willing to comply with some of those aspects. He told Congress he would go it alone and in our system you’re not allowed to go it alone.

SEAN HANNITY: If I broke the law, why do I think they would be the first people to hand kickoff me, perp walk me and send me off to jail. This is just my belief system. Paranoia or truth?

JONATHAN TURLEY: Well, I think that the biggest problem we have is that the system itself, if we have a dominant branch, simply begins to shut down in terms of the safeguards. People don’t seem to understand that the separation of powers is not about the power of these branches, it’s there to protect individual liberty, it’s there to protect us from the concentration of power. That’s what is occurring here. You know, I’ve said it before, Barack Obama is really the president Richard Nixon always wanted to be. You know, he’s been allowed to act unilaterally in a way that we’ve fought for decades.

VP Joe Biden Tells Democrats, Be Optimistic on State of the Nation ‘In Spite of Who’s President’ … “The American People Are With Us”… Really, The American People Are Against Obama!

HE SAID WHAT? … Did Vice President Joe Biden just diss Barack Obama and then say Americans Agree with Democrats?

Joe Biden told fellow Democrats at the House Democratic Caucus Issues Conference in Cambridge, MD that they should be optimistic about the state of the nation, “in spite of who’s president.” Hmm, kind of an interesting word choice when the current president is Barack Obama, a Democrat. This was Biden’s best effort to rally the beleaguered Democrat troops who face a tough uphill climb in the upcoming 2014 midterm elections thanks to the policies, agenda and signature piece of legislation from who is president.

“It always surprises me when we don’t have the degree of optimism that we should about the state of the nation,” Biden said. “And in spite of who’s president, in spite of who’s in the Congress, the American people are so much stronger, so much more resilient, so much more capable, that even the ridiculous policies of our friends on the right cannot keep them from moving forward.”

Baghdad Bob  a delusional Joe Biden went on to say, “I can’t imagine our prospects being viewed by the press and everyone else as being a whole hell of a lot brighter by the time we turn in September then now. The American people are where we are. Let’s go out and make every single effort not just to defend, but to aggressively push, aggressively push our agenda.”

Isn’t it interesting that Biden would reference the MSM viewing the Democrats prospects first and then calling “We the People,” the Americans who are adversely affected by Barack Obama’s and Democrat’s policies as … “everyone else”.  Not like we do not know that the liberal MSM is in the tank for Obama and has been since the beginning. The media has been AWOL on vetting Obama, holding his feet to the fire, questioning his failed economic and domestic policies and investigating the all too-numerous scandals like IRS-gate, Benghazi-gate, “Fast & Furious” and NSA-gate. It would appear that Biden and Obama believe that the MSM will continue to be their own personal Gunga Din heading into the 2014 midterms.

Biden_court jester

But it does not stop there when it came to Biden’s head in the sand comments. Anvil Joe made the preposterous comment to Democrats that, “The American people are where we are.” Really, in what sense, in the United States? The American people are in no way any where near where Barack Obama, Nancy Pelosi, Harry Reid and their lock-step, rubber stamp Democrats have lead this country. In fact, they more the American people learn the truth of the lies that have been told to them and adversely affected by Democrat foreign and domestic policy, the more they are not with Democrats.

A question to Joe Biden, exactly what are the people with you on? The fact of the matter is that the American people are not with Democrats and it is scaring them silly that they may lose even more House seats in 2014 and talk of losing the Senate to the GOP is a real possibility. Vulnerable Democrat candidates are running from Obama, his agenda and their vote. Obama is also acting as Emperor in arbitrarily extending Obamacare deadlines so to protect Democrat politicians, not to help the American people or America.

THE FACTS … The American People Are NOT with Democrats.

I. Barack Obama’s Overall Job Approval rating is barely above 40% with the American people. (Average of polls: 41.4% Approve – 52.4% Disapproval [-11% Disapprove])

II. President Obama Job Approval – Economy. (Average of polls: 40.6% Approve – 55.7% Disapprove [-15.1% Disapprove])

  • McClatchy/Marist: 41 Approve – 54% Disapprove
  • ABC News/Wash Post: 43% Approval – 56% Disapprove, -13
  • FOX News: 38% Approve – 59% Disapprove, -21
  • Associated Press: 42% Approve – 56% Disapprove, -14
  • Quinnipiac: 39% Approve – 56% Disapprove,  -17
  • GWU/Battleground: 40% Approve – 57% Disapprove,  -17

III: Public Approval of Health Care Law. (Average of polls: 36.3% Approve – 51.3% Against/Oppose [-15 Oppose/Against])

  • FOX News: 37% For – 55% Against/Oppose
  • Gallup: 41% For – 51% Against/Oppose
  • NBC News/WSJ:  34% For – 48 % Against/Oppose
  • Associated Press: 27% For – 42 %  Against/Oppose
  • Quinnipiac: 38% For – 56% Against/Oppose
  • GWU/Battleground: 41% For – 56% Against/Oppose

IV: Direction of Country. (Average of polls:  29.6% Right Direction – 63.6% Wrong Track [-34.0 Wrong Tack])

  • The Economist/YouGov: 29% Right Track – 62% Wrong Track
  • McClatchy/Marist: 31% Right Track – 66% Wrong Track
  • Rasmussen Reports: 29% Right Track – 63% Wrong Track
  • Reuters/Ipsos: 23% Right Track – 62% Wrong Track
  • NBC News/WSJ: 28% Right Track – 63% Wrong Track
  • ABC News/Wash Post: 34% Right Track – 64% Wrong Track
  • CBS News: 33% Right Track – 61% Wrong Track
  • Associated Press: 35% Right Track – 64% Wrong Track
  • GWU/Battleground: 24% Right Track – 67% Wrong Track

V: The American people, including Democrats, are overwhelmingly opposed to how Obama is conducting executive orders and circumventing Congress is how government is supposed to work.

FOX Poll_021014_Obama_exec orders

FOX News poll

VI.  The American people are against Obama going around Congress, except if you are a Democrat or Black, and of course if it were a GOP president.

FOX Poll_021014_Obama_exec orders2

FOX News poll

VII:  Barack Obama and Democrats rail about income inequality and the income gap, yet every single demographic in America believes that it has increased under Obama.

FOX Poll_021014_Obama_income gap

FOX News poll

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