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Thread: Obama to announce 10-point immigration plan via exec action as early as next week

  1. #41
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by GPS_Flex View Post
    The king has already been elected and is already in office. You are defending the subversion of the US Constitution and our Federal laws based upon the popularity of specific issues. The issues are irrelevant. It could be a massive enforcement of federal marijuana laws or picking and choosing who the IRS will dedicate resources to collect taxes from.

    You’re losing your country and your freedoms to the political fad of the day and dishonest politicians who hunger for more power over every aspect of your life. I guess you’re ok with this as long as the issue is one you support?
    I am not defending anything, certainly not the idea of revising immigration by executive fiat.

    I am questioning whether the agenda of the Republican Party really is to overturn the Affordable Care Act (Obama Care), the Endangered Species Act, the Civil Rights Act, and dissolve and abolish the EPA.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

  2. #42
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by Dittohead not! View Post
    I am not defending anything, certainly not the idea of revising immigration by executive fiat.

    I am questioning whether the agenda of the Republican Party really is to overturn the Affordable Care Act (Obama Care), the Endangered Species Act, the Civil Rights Act, and dissolve and abolish the EPA.
    I see. Let me know what the answer is when you find out. In the mean time I’ll continue to remain on topic and denounce this as another unconstitutional executive power grab.

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
    John F. Kennedy
    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

  3. #43
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by GPS_Flex View Post
    I see. Let me know what the answer is when you find out. In the mean time I’ll continue to remain on topic and denounce this as another unconstitutional executive power grab.
    You're the one who posted

    if a Republican takes the office, he can choose how/whether to enforce the Affordable Care Act (Obama Care), Endangered Species Act, Civil Rights Act, and can dissolve and abolish the EPA.
    but, if you want to get back on the subject of the thread, then sure, let's.

    I just couldn't help but wonder how one unconstitutional power grab could be justified by another, and whether the above was really what the Republican Party stands for.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

  4. #44
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by Dittohead not! View Post
    You're the one who posted



    but, if you want to get back on the subject of the thread, then sure, let's.

    I just couldn't help but wonder how one unconstitutional power grab could be justified by another, and whether the above was really what the Republican Party stands for.
    One constitutional power grab doesn’t justify another but it historically leads to such. Eventually, if we maintain our present course, pontifications such as this won’t be absurd, they’ll be the order of the day. The bigger point is that every American should be opposed to such executive action, regardless of the underlying issue, because our government is playing a dangerous game of brinksmanship and it isn’t one political party or the other that winds up being the loser in this case, it’s the American people who are losing their liberties and control over government.

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
    John F. Kennedy
    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

  5. #45
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by Zyphlin View Post
    I'd love for anyone to argue that these actions would not fit this description as it relates to the new Congress:



    And if that is an accurate description then it would mean in terms of his ability to constitutionally take executive action:



    The Constitutionality of such an action, once the new congress is in place, is questionable at best. However, most likely it would sustain challenge at the SCOTUS level given the expanding power of the Executive over the past decades.

    However, the Presidents CONTINUAL unilateral action and substantial movement with executive orders and actions that oppose the will of the congress and operate in a nebulous region between upholding the law and simply ignoring it is beginning to make me reconsider my belief as to whether or not it would be rightful of this incoming Senate to build upon the precedence displayed by Harry Reids Senate and utilize various new rules and old actions in non-traditional ways...such as using reconcilliation on bills that aren't primarily tax code changes or budgets...to combat these type of actions.
    The courts have held that the laws congress have actually passed are a far better indicator of the "will of congress" than anything some bloviating politician has said on the campaign trail or in front of a TV camera.

    These changes in policy are basically an epansion of the Deferred Action for Childhood Arrivals program which is consistent with the laws congress has passed which allow the president a great deal of prosecutorial discretion

    Here is some link to the announcement of the program. Please note that cliking on the link will cause a PDF to be downloaded onto your computer
    http://www.nilc.org/document.html?id=760

    http://www.nilc.org/document.html?id=761

    Here is a link to an explanation of the legal justification of these policies
    http://www.nilc.org/document.html?id=754

    3 General authority for defered action exists under
    Immigration and Nationality Act (INA) 103(a), 8 U.S.C. 103(a)
    , which grants the Secretary of Homeland Security the authority to enforce the immigration laws. Though no statutes or regulations delineate defered action in specific terms, the U.S. Supreme Court has made clear that decisions to initate or terminate enforcement proceedings fall squarely within the authority of the Executive.4 In the immigration context, the Executive Branch has exercised its general enforcement authority to grant defered action since at least 1971. Federal courts have acknowledged the existence of this executive power at least as far back as the mid–1970s.5 More recently, this Administration granted defered action in June 20 to widows and children of U.S. citzens while legislation to grant them statutory relief was under consideration.6
    Parole–in–place refers to a form of parole granted by the Executive Branch under
    the authority of INA 212(d)(5), 8 U.S.C. 182(d)(5)
    . Under this provision, the Atorney
    General “may . . in his discretion parole into the United States temporarily under such
    conditons as he may prescribe only on a case–by–case basis for urgent humanitarian
    reasons or significant public benefit any alien aplying for admision to the United
    States.”7 Parole permits a noncitzen to remain lawfuly in the United States, although
    parole does not constiute an “admision” under the INA. Individuals who have ben
    paroled are eligible for work authorization.8
    Defered enforced departure, often refered to as DED, is a form of prosecutorial
    discretion that is closely related to defered action. Almost every Administration since
    President Dwight D. Eisenhower has granted DED or the analogous “Extended Voluntary
    Departure” to at least one group of noncitzens.15 As with defered action, executive
    authority to grant defered enforced departure and extended voluntary departure exists
    under the general authority to enforce the immigration laws as set out in INA 103(a), 8
    U.S.C. 103(a).16
    Though Temporary Protected Status (TPS) in INA 24, 8 U.S.C.
    1254a, has largely superseded the use of DED in practice, DHS’s statutory authority for
    granting DED on bases other than nationality remains intact, and the President retains his
    inherent authority with respect to DED
    IOW, Congress has granted POTUS the authority to do this and has not rescinded it. The wounded cries right wing politicians make for the cameras and news reporters do not take precedence over the law Congress has passed and SCOTUS has reviewed
    Last edited by sangha; 11-15-14 at 03:35 PM.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

  6. #46
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by GPS_Flex View Post
    One constitutional power grab doesn’t justify another but it historically leads to such. Eventually, if we maintain our present course, pontifications such as this won’t be absurd, they’ll be the order of the day. The bigger point is that every American should be opposed to such executive action, regardless of the underlying issue, because our government is playing a dangerous game of brinksmanship and it isn’t one political party or the other that winds up being the loser in this case, it’s the American people who are losing their liberties and control over government.
    On that, we agree. It remains to be seen whether Obama is really going to do what they say he will, but if he does, it will be a dangerous precedent.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

  7. #47
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    Re: Obama to announce 10-point immigration plan via exec action as early as next week

    Quote Originally Posted by Dittohead not! View Post
    On that, we agree. It remains to be seen whether Obama is really going to do what they say he will, but if he does, it will be a dangerous precedent.
    No, it won't be any sort of precedent. The powers he will be exercising are powers with precedents that date back to the Eisenhower administration (see post #45)
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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