View Poll Results: Is Obama breaking the law?

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  • Yes, by his own words he is breaking the law

    45 46.88%
  • No, perfectly legal

    22 22.92%
  • Doing same as Regan and Bush did

    17 17.71%
  • Not sure

    3 3.13%
  • Dont care

    3 3.13%
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    6 6.25%
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Thread: Obama's Executive Order[W:265]

  1. #151
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    Re: Obama's Executive Order

    United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law[1] when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Acts of Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation). Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives usually require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree laws will be enforced, dealing with emergencies, waging war, and in general fine policy choices in the implementation of broad statutes.

    Executive order - Wikipedia, the free encyclopedia

    And the most famous executive order...Abraham Lincoln's Emancipation Proclamation.
    Having opinions all over the map is a good sign of a person capable of autonomous thinking. Felix -2011

  2. #152
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    Re: Obama's Executive Order

    Quote Originally Posted by Visbek View Post
    No, it won't.

    He cannot, and is not, handing out Green Cards to 4 million people. He isn't giving them "amnesty" or refugee status. (He also can't give them drivers' licenses.) He's letting them apply for work permits, and deferring deportation until around 2017.

    That's nice. But unless that was specified in the law(s) in question, it's irrelevant.

    The Constitution didn't carve out any exceptions for "humanitarian relief" or "foreign policy events." And he isn't naturalizing anyone. Please get the facts straight.

    It also means that you don't actually have a basis for this claim.

    Nothing in the laws specified a limit to the President's ability to temporarily defer deportations. If there is, then no one has actually cited it yet. If Congress gave the President too much power, the only possible recourse is the courts, who haven't ruled on this yet. In addition, Congress is well within its powers to pass a law to establish such limits -- and most certainly sees this coming. They can even still act. And yet, they have not yet passed any such laws.

    I'm not sure this is the best policy, but so far I'm not seeing a valid legal argument against it.

    Yes.....that's what he did.

    Yes it is nice, as it will lead to one of the arguments against.

    Congress gave power to the office of Presidency over Humanitarian relief with any emergency and the same with Foreign Policy.

    Yes it already pointed out that it is a Constitutional argument. Though do try and keep up with what News Sources are saying along with the Constitutional Attorneys.

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    Re: Obama's Executive Order

    Quote Originally Posted by polgara View Post
    While Obama's attorney may have a good point, I think the Repubs may take the advice of their own attorneys, don'tcha think? Wouldn't you? It's strange that Obama's attorney would use his time to mention Congress could overwrite his law over deportations and withhold funds. I'm absolutely certain that McConnell and Boehner already knew that, since neither are rookies in DC, so why would he mention it? What point was he making about not taking it to court? :
    Because McConnell is not panicking and knows any legislation they do with Immigration. Will force BO to use that pen either way.

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    Re: Obama's Executive Order

    Quote Originally Posted by sangha View Post
    How much does it cost the govt to not deport someone?
    How much does it cost to run a background check by the Fed? Oh and how long does it take to complete that background check?

  5. #155
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    Re: Obama's Executive Order

    Quote Originally Posted by Josie View Post
    It's really very simple. We have immigration laws. People have been breaking those laws for decades. Obama now wants to give them all a pardon and allow anyone to come in without the threat of deportation even though the law says otherwise. Yeah.... that's illegal.
    in reality, Obama clearly and explicitly stated that his actions will only effect those who have been here for at least five years and that those who came in less than 5 years ago (or who will come in the future) are not affected by this. He just as clearly stated that it only applies to those who have family members who are citizens, and that the relief is only temporary (and not permanent, like a pardon).

    IOW, everything you just said was untrue
    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. #156
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    Re: Obama's Executive Order

    Quote Originally Posted by matchlight View Post
    Either we are dedicated to living under the authority of our Constitution and the rule of law, or we can no longer seriously call this a free country.
    Please identify the action that Obama has ordered the govt to take and the law that is being broken by this action
    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..

  7. #157
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    Re: Obama's Executive Order

    Quote Originally Posted by NIMBY View Post
    Too bad Obama didn't pull this trigger before the election when GOPs were lying about and politicizing Ebola and ISIL.
    So, NIMBY, looks like you are slipping. Your posts are usually completely full of one-liners that merit no response, but you let one into this post.

    Obama would rightfully disagree with you, here. If he had done this before the election, his Party would have received a royal beat-down instead of a mild shellacking.
    TANSTAAFL

    “An armed society is a polite society.”
    ― Robert A. Heinlein, Beyond This Horizon

  8. #158
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    Re: Obama's Executive Order

    Quote Originally Posted by tres borrachos View Post
    I have no idea if he's breaking the law or not. According to him, until last night, he was breaking the law. I've seen politicians on both sides say he is breaking the law. I've seen Democratic politicians say he isn't breaking the law.

    Unless a poster is a Constitutional scholar or attorney, none of us know either.

    I think SCOTUS will have to weigh in on this one.
    If you want to know what some attorneys who are Constitutional scholars think, you can read this:

    http://www.nilc.org/document.html?id=754

    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 oregulations delineate defered action in specific terms, the U.S. Supreme Court has made clear that decisions to initate or terminate enforcement procedings fall squarely within the authority of the Executive. 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
    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
    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)
    .1
    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..

  9. #159
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    Re: Obama's Executive Order

    Quote Originally Posted by MMC View Post
    How much does it cost to run a background check by the Fed? Oh and how long does it take to complete that background check?
    So they'll defund background checks?

    GREAT!!!

    Obama can then claim that the GOP is endangering the public by denying the govt the ability to determine which immigrants pose a threat to americans
    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..

  10. #160
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    Re: Obama's Executive Order

    Quote Originally Posted by Juanita View Post
    That was the past, this is the present.
    So what are you talking about here? The past? The present? Or..."ever".
    TANSTAAFL

    “An armed society is a polite society.”
    ― Robert A. Heinlein, Beyond This Horizon

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