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Federal judge rules Obama executive order on immigration unconstitutional
#1
http://news.yahoo.com/judge-declares-oba...46914.html

Here we go. Let's see if the liberals are as excited about this as they are when a federal judge strikes down a gay marriage ban.
#2
WideRight05 Wrote:http://news.yahoo.com/judge-declares-oba...46914.html

Here we go. Let's see if the liberals are as excited about this as they are when a federal judge strikes down a gay marriage ban.




Eventualities such as the one you bring up here are what liberals are trying to eliminate through legal manipulations. This administration is used to pulling the right strings and they certainly were not pulling on this one, LOL. If you read the opinion, the section I liked best goes as follows;

Page 18

1. Inaction by Congress does not make Unconstitutional executive action constitutional.

President Obama contended that although legislation is the most appropriate course of action to solve the immigration debate, his executive action was necessary because of Congress's failure to pass legislation, acceptable to him, in this regard. This proposition is arbitrary and does not negate the requirement that the November 20, 2014 Executive Action be lawfully within the President's executive authority. It is not.

"In the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker. The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad." Youngstown, 343 U.S. at 587.

Congress's lawmaking power is not subject to Presidential supervision or control. Youngstown, 343 U.S. at 587. Perceived or actual Congressional inaction does not endow legislative power with the Executive. This measurement - - the amount/length of Congressional inaction that must occur before the Executive can legislate - - is impossible to apply, arbitrary, and could further stymie the legislative process.

Read the Judge's Opinion http://www.washingtonpost.com/news/volok...scobar.pdf

Pretty easy to see why Dems are ramming through every last bench appointment they can in this session of the Congress while Harry Reid can still use the nuclear option to do so. They say never say never, but I can't see myself ever voting for another Democrat, for me those days are long past.
[SIGPIC][/SIGPIC]

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