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Thread: District court declares Obama immigration action unconstitutional

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    Re: District court declares Obama immigration action unconstitutional

    Quote Originally Posted by danarhea View Post
    Once again, I believe that Roberts will be the swing vote here, but understand, the premise is different with this case. Here they must decide if Obama, as head of the executive branch of government, is required to faithfully execute the laws of the land to the best of his ability.
    He might have to throw Roberts a little extra money, but Obama will get er done, no doubt.

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    Re: District court declares Obama immigration action unconstitutional

    Quote Originally Posted by danarhea View Post
    I agree that it may be a tough decision, but bear in mind that this is a deeply Conservative SCOTUS that believes in a very strict interpretation of the Constitution. This lawsuit might possibly prevail.
    This wasn't a lawsuit. This was a judge overstepping his authority at a sentencing hearing to create an entirely new case out of thin air. I suspect thats how it will be treated.

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    Re: District court declares Obama immigration action unconstitutional

    Quote Originally Posted by Napoleon View Post
    This wasn't a lawsuit. This was a judge overstepping his authority at a sentencing hearing to create an entirely new case out of thin air. I suspect thats how it will be treated.
    So Obama oversteps his authority, a judge supposedly oversteps his authority. Even Stevens.

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    Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

    Quote Originally Posted by Napoleon View Post
    The judge was presiding over a change-of-plea and sentencing hearing for an illegal immigrant who decided to plead guilty to unlawful re-entry.
    No really? ... What does that have anything to do with Obama?
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    Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

    Quote Originally Posted by brothern View Post
    No really? ... What does that have anything to do with Obama?
    Not a thing.

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    Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

    I dont know this judge's actions will be relevant but I am sure at some point this will all be reviewed.

    One of the arguments I have seen is that the "amnesty executive order" cannot be reviewed, because there IS no "amnesty executive order". Obama signed a 'memo' giving DHS prosecutorial discretion and deferment action (http://www.dhs.gov/sites/default/fil...red_action.pdf) but he has not issued an executive order targeting specific classes or groups of people to relieve them of deportation threat. In other words...he went before the nation, made claims that he knew he couldnt back. The pretty speeches made the illegal immigration crowd happy because it sounded like he was actually doing something. The reality is, those that he mentioned in his speech are no more protected today than they were yesterday, and when the next president takes office, it is all moot.

    Regardless of whether or not you find the judge to be 'activist', you cannot deny the fact that his opinion is correct. Even if you dont think he has legal ground to make the decision (dont know...ask an appeals court judge) and if his opinion has no bearing, his opinion IS correct. The president cannot usurp law. The thing is...I dont see anything that indicates he actually did.

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    Re: District court declares Obama immigration action unconstitutional

    Quote Originally Posted by danarhea View Post
    Yup, this case is going to SCOTUS.

    Article is here.
    What's Obama's track record with the SCOTUS so far ?

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    Re: District court declares Obama immigration action unconstitutional

    Quote Originally Posted by danarhea View Post
    Once again, I believe that Roberts will be the swing vote here, but understand, the premise is different with this case. Here they must decide if Obama, as head of the executive branch of government, is required to faithfully execute the laws of the land to the best of his ability.
    Well Obama has a defense, he's incompetent.

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    Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

    Quote Originally Posted by brothern View Post
    This has confused me over the course of the day, but ... What was the judge even ruling on? There was no lawsuit of any kind against Obama's executive actions.
    The suit he was deciding on involved prosecution and deportation of an illegal immigrant. A projected amnesty executive order WOULD bear on the case he was deciding on...if such order exists. Think of it along the lines of a judge deciding on a speeding ticket when the governor of a state has just declared there be no more enforcement of speeding tickets. He has to decide on the case at hand, but the governors action implies his decision would be moot.

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    Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

    Quote Originally Posted by VanceMack View Post
    The suit he was deciding on involved prosecution and deportation of an illegal immigrant. A projected amnesty executive order WOULD bear on the case he was deciding on...if such order exists. Think of it along the lines of a judge deciding on a speeding ticket when the governor of a state has just declared there be no more enforcement of speeding tickets. He has to decide on the case at hand, but the governors action implies his decision would be moot.
    I think a more apt comparison would be a judge demanding arguments assessing the constitutionality and application of gun control laws at the change of plea and sentencing hearing of a guy who wants to plead guilty to stealing a super-soaker.

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