Skip to comments.Obama's refusal to deport illegal aliens unconstitutional, say law professors
Posted on 10/13/2012 1:00:55 PM PDT by 2ndDivisionVet
Two law professors, including one who served in the Bush Justice Department, have published a paper charging that President Obama violated the Constitution with his directive to law enforcement not to deport illegal aliens.
In the paper entitled, The Obama Administration, the Dream Act and the Take Care Clause, authors Robert Delahunty of the University of St. Thomas [Minnesota] and John Yoo, a law professor at University of California at Berkeley and former U.S. deputy assistant attorney general, blast Obama's moratorium on deporting certain illegal immigrants. The professors dismissed the idea that the decision on whether to deport illegal immigrants who are arrested for minor infractions is a matter of prosecutorial discretion.
If theres one case and its left to the prosecutor well thats fine, but what Obama did was take a million cases and leave it up to prosecutorial discretion, John Yoo said to FoxNews.com. The only reason its under [Department of Homeland Security Secretary] Janet Napolitanos discretion is because Obama had made his decision. If shes doing it under her own, she would have to be fired.
An abstract for the paper debunks the claim that the president has the Constitutional to not enforce civil laws crafted and passed by Congress...
(Excerpt) Read more at foxnews.com ...
Ok. so who's going to do anything about it?? We know the 'Pubbies won't; the Dems DEFINITELY won't and, based on the eligibility suits, we know that NO ONE in the U.S. has the standing to bring such a challenge to ANY court!!
So, if NO ONE in Congress will bring charges against him and no one else has the standing to bring charges against him, what's the point!??
Do they still not get it? He is a socialist dictator, ruling by decree. He simply ignores and waives any law he doesn’t want.
Any he wants, he creates by executive order. He is lawless.
You don’t need no steenkin Constitution in a dictatorship.
F U B O !!
What? and deport himself? (don’t hold your breath...)
(you see, he has a very good, very personal reason to try to over-rule the deportation/immigration laws...)
I have learned that the presidential oath to protect and defend the United States against enemies foreign and domestic is no longer worth the paper it is written on if it is not intended to be enforced.
Especially seeing as how the greatest enemy is domestic.
I should hsve thought that the military somehow would be able to quell such a threaat, by force if necessary, but apparently those in charge agree with the One.
You've pretty much posed the question of the day.
Until we get LEADERSHIP who will take ACTION against the INJUSTICES perpetrated by this administration America will continue to DECLINE.
Well of COURSE it’s unconstitutional. When has THAT ever stopped Hussein??!!
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A
Prince Government whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Shout it loud and often! The American people are still not getting it. Congress is a major FAIL right now. They should have been screaming bloody murder every time the Supremes or The One trashed the Constitution and exceeded the powers enumerated therein. They DO NOT represent the American people...and need to be replaced with....Representatives!!! What a concept!!
Couple of lawyers say what we’ve thought for many moons?
Unfortunately their say-so won’t have quite the force of law as would a handed-down SCOTUS decision.
Don’t you mean, lalalaBOOMde-ay, lalalaBOOMde-ay.... you know, circus music!
Dusty asks the most pressing question facing this country. WHO is going to do anything about it? So far, no one you’d THINK had the power seems to have even tried — and this is just the latest in a long string of unconstitutionalities.
This is why I keep asking — what happens on Nov. 7 if the Putzident simply declares “I won.” ??? Congress acts? The courts? The military? Armed revolution of the populace? I doubt any of that.
The Republican “leadership” is either in bed with the socialist/Marxist Donkeys or petrified the Mainstream Media will portray them negatively [oh, the HORROR of it].
The Department of Justice is totally corrupt and so is the Judiciary. Yeah, Obozo and his boys will be held accountable when Hell freezes over.
YET NOBODY DOES A THING ABOUT HIS ILLEGAL ACTIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
They should have pounced on his fat head then and there!
He has forbidden Governors from passing laws of immediate need...
He has sent forth swarms of officers to eat out our sustenance...
He has combined with others to subject us to foreign jurisdiction...
Altering fundamentally the form of our government...
Don't think it won't happen again.
“The Founding Fathers would be shooting by now.”
What Good Can a Handgun Do Against An Army?
Not just the Founding Fathers. My dad’s generation (Great Depression/World War II/Korean War) would be shooting by now. Most are gone or very elderly & infirm. What’s wrong with us?
Don’t forget Obama allowing this. Chief Beck eases policy on illegal immigrant deportation.Citing an erosion of trust, the LAPD chief says illegal immigrants arrested in petty crimes won’t be held for U.S. officials.
LAPD chief is submiting policies that contradict fedreal laws.Do not see Obama sending any lawyers to LA ?
Hmm..m..m .. What would George Washington have done?
I don’t believe George would see much of a difference between a democrat and a redcoat . . .
I think we both know what George Washington would have done.
Obama did something unconstitutional??? Color me SHOCKED!!!
24 days to go.
Regardless of who wins the election, IMPEACHMENT proceedings should begin against Obama on the very next day.
We know this. Without elected representatives who will abide by and enforce the Constitution, we have been powerless.
I really thought Clinton was bad about blatantly breaking laws, but he was a piker compared to Obama, who's brought Chicago thug politics to a national scale.
My father was too. So. Pacific, Solomon Islands...and he voted democrat ‘til the end.
And, yet, here we are.
He did this with an Executive Order. Each & every one of those EO’s can & will be reversed by Romney.
I have my doubts. Romney is not a conservative, he's a McCain/Dole style GOP moderate. If we were talking Newt, I would probably agree with you but, we're not.
Romney has already done a couple of flip-flops on major issues, including ZeroCare. He initially said he would repeal it. Now he says he will keep certain parts of it, despite the fact that, among conservatves, the whole law is reprehensible.
He has also backtracked on his immigration stance, so I don't have a lot of faith that he will actually follow through and clean up a lot of zero's mess. Despite what a lot of FReepers think, Romney is not the Reagan we were hoping for. He will end up being Obama-lite and give us many of the same policies that we would get from Obama, just not as fast as Obama and not quite as radical.
In essence, IMO, no matter which candidate wins next month, America still loses.