Only Voters Can Hold Obama Accountable for Illegal Amnesty Policy

Discussion in 'Politics' started by Stephanie, Jun 18, 2012.

  1. Stephanie
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    Stephanie Diamond Member Supporting Member

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    Send a Tip by Ken Klukowski 15 hours ago 135post a comment
    President Obama’s new amnesty policy regarding illegal aliens violates the law. But there’s probably no route to trump it either in Congress or in court, so the only recourse is for the American people to trump it by electing a new president.
    Obama’s actions on granting backdoor amnesty fall into two different stages. Each is illegal for different reasons. However, occasionally situations can arise in our constitutional system where there is a “right without a remedy,” where people’s rights are being violated but there’s nothing a court can do about it. That’s what’s happening here.

    Although the details are still unclear, according to reports Obama’s new policy will be not to deport illegal aliens if they (1) were brought to America before age 16, (2) have not yet reached age 30, (3) have no criminal record, (4) have graduated from high school, and (5) are either pursuing college or serving in the military. Aliens meeting all five criteria can be issued work visas and won’t be deported.

    The argument Obama is using is that prosecutorial discretion gives the executive branch sole discretion to determining which cases to allocate resources to, so they can decide which aliens to deport. One problem with that argument is that there’s a difference between deciding case-by-case which ones to go after, versus making a policy of not going after anyone in a very broad category. Another is that such discretion doesn’t in any way extend to issuing work visas.

    Commentators are already talking about lawsuits. There are two parts to this policy, and neither can be challenged in court.

    The first part consists of the president’s speech and any executive orders he makes pursuant to that speech. (Such as ordering the Department of Homeland Security (DHS) to stop deportations.)

    No one can sue over those, because there’s no right of action in federal court over presidential speeches or orders. (Unless, perhaps, if a president issues an order directly against a specific person or organization, which is not the case here.) You must cite to some constitutional provision or federal statute that empowers you to take an issue to court.

    A right of action will be created when DHS Secretary Janet Napolitano acts on Obama’s order by creating regulations for issuing the work permits and stopping deportations. The Administration Procedure Act (APA) creates a cause of action for any regulation that is “contrary to law.” These new lawless rules and regulations certainly qualify.

    However, you probably still can’t have a lawsuit because no one has standing. In order to have standing to sue in federal court, a plaintiff must assert a personal injury that is different from an abstract injury to the public at large; one that is clear and concrete; one that can be directly traced to the defendant; and one that a court can fix by giving the plaintiff what he asks in the lawsuit.


    read it all..
    Only Voters Can Hold Obama Accountable for Illegal Amnesty Policy
     
  2. California Girl
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    California Girl BANNED

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    I would caution the right on using this as a stick with which to beat Obama. I absolutely disagree with the way in which it was done, but I support finding pathways for the children of illegal immigrants to citizenship.

    What I find particularly sickening is the way Obama grabbed the limelight for political point scoring. There was a bipartisan group working on a solution that both sides could support... and Obama basically grabbed it away from them just for political point scoring. Manipulating minorities like this is transparent and racist.
     
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  3. Gareyt17
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    Gareyt17 Active Member

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    Perhaps Obama needs a reminder of the oath...not that he took, he could care less....but that of our military...

    "To protect America from all enemies, foreign AND DOMESTIC".....my guess is they take it pretty seriously......
     
  4. Moonglow
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    Moonglow Diamond Member

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    they have not stoppped dealing with those committing the worst crimes.
     
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  5. Zxereus
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    Zxereus BANNED

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    Yep, the only reason he did this now was for political reasons. Pretty disgusting using people as pawns.
    This will energize the Latino vote, just as his other political moves did with Gays and women.
    The Republican Party will need to be careful how they respond, but the voters know which side really wants full amnesty on a large scale and which side is against it.
    Vote accordingly.
     
  6. J.E.D
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    J.E.D What's tha matta?

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    That's right. Voters do know which side is serious about immigration. Fortunately for Democrats, Latinos realize that the serious party is not the Republican party, and they will vote accordingly.
     
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  7. Contumacious
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    Contumacious Radical Freedom

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    Actually,the so called amnesty is an injuction against applying an illegal an unconstitutional law.

    Opinion of James Madison - the father of the Constitution (1787) and Founding Father and 3rd President, Thomas Jefferson : The Federal Government has NO AUTHORITY WHATSOEVER TO INTERDIT, DETAIN AND DEPORT ...... NONE:

    4. Resolved that ALIEN friends are under the jurisdiction and protection of the laws of the state wherein they are; that no power over them has been delegated to the US. nor prohibited to the individual states distinct from their power over citizens: and it being true as a general principle, & one of the amendments to the constitution having also declared that ‘the powers not delegated to the US. by the constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people,’ the act of the Congress of the US. passed on the day of July 1798 intituled ‘an Act concerning Aliens,’ which assumes powers over Alien-friends not delegated by the constitution, is not law, but is altogether void & of no force.


    Thomas Jefferson

    .
     
    Last edited: Jun 18, 2012
  8. Moonglow
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    Moonglow Diamond Member

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    it's called politics, the repubs had the same game plan but Obama made the play first.
     
  9. NYcarbineer
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    NYcarbineer Diamond Member

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    Romney was asked about 5 times yesterday if he'd reverse Obama's move and he refused to answer.

    Enjoy your nominee, conservatives!!
     
  10. Mac1958
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    Mac1958 Platinum Member

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    .

    Any post-announcement polling results out yet?

    .
     

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