Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Obama's refusal to deport illegal aliens unconstitutional, say law professors
Fox News ^ | October 13, 2012 | Perry Chiaramonte

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 there’s one case and it’s left to the prosecutor well that’s 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 it’s under [Department of Homeland Security Secretary] Janet Napolitano’s discretion is because Obama had made his decision. If she’s 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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: 2012; aliens; bhofascism; criminalaliens; criminalpresident; democrats; dncrico; nobama2012; nodocumentation; nolaw; obama; obamatruthfile; treason
BOOM!!
1 posted on 10/13/2012 1:01:01 PM PDT by 2ndDivisionVet
[ Post Reply | Private Reply | View Replies]

To: 2ndDivisionVet
Obama's refusal to deport illegal aliens unconstitutional, say law professors

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!??

2 posted on 10/13/2012 1:05:36 PM PDT by DustyMoment (Congress - another name for white collar criminals!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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.


3 posted on 10/13/2012 1:05:38 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

You don’t need no steenkin Constitution in a dictatorship.


4 posted on 10/13/2012 1:06:45 PM PDT by shelterguy
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
What's the big deal? Just adding to the string of unconstitutional acts that have already been done by this usurper . It's just a piece of toilet paper to him.

F U B O !!

5 posted on 10/13/2012 1:08:23 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
It's not unconstitutional until Eric the Holder says it's unconstitutional!

sarc/

6 posted on 10/13/2012 1:10:18 PM PDT by FlingWingFlyer (Sorry Algore. It was attitude, NOT altitude.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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...)


7 posted on 10/13/2012 1:14:18 PM PDT by faithhopecharity
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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.


8 posted on 10/13/2012 1:15:01 PM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DustyMoment
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!??

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.

9 posted on 10/13/2012 1:16:09 PM PDT by VideoDoctor
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2ndDivisionVet

Well of COURSE it’s unconstitutional. When has THAT ever stopped Hussein??!!


10 posted on 10/13/2012 1:19:05 PM PDT by Oldpuppymax
[ Post Reply | Private Reply | To 1 | View Replies]

To: DustyMoment
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!??

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.

11 posted on 10/13/2012 1:23:39 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 2 | View Replies]

To: VideoDoctor
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!?? 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.

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!!

12 posted on 10/13/2012 1:25:30 PM PDT by Mobilemitter (We must learn to fin >-)> for ourselves.........)
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2ndDivisionVet

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.

HF


13 posted on 10/13/2012 1:37:46 PM PDT by holden
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet; DustyMoment

Boom?

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.


14 posted on 10/13/2012 1:43:18 PM PDT by workerbee (The President of the United States is DOMESTIC ENEMY #1)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
OK, so it's not lawful or unconstitutional or both? Does anyone with a brain expect anyone in DC to do anything about this?

The Republicans?

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.

15 posted on 10/13/2012 1:51:19 PM PDT by MasterGunner01
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

YET NOBODY DOES A THING ABOUT HIS ILLEGAL ACTIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


16 posted on 10/13/2012 1:52:39 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11 0bie don' t eatl my dog!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
Did he ever declare Congrease back in session?

They should have pounced on his fat head then and there!

17 posted on 10/13/2012 2:12:02 PM PDT by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
Hussein is not a supporter of the Constitution.
18 posted on 10/13/2012 2:12:19 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
He refuses assent to our laws...

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.

19 posted on 10/13/2012 2:40:35 PM PDT by Ray76
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ray76

“The Founding Fathers would be shooting by now.”


20 posted on 10/13/2012 2:46:19 PM PDT by oneolcop (Lead, Follow or Get the Hell Out of the Way!)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Ray76

What Good Can a Handgun Do Against An Army?
http://www.freerepublic.com/focus/f-backroom/2312894/posts


21 posted on 10/13/2012 3:00:01 PM PDT by 2ndDivisionVet (You cannot invade the mainland United States. There would be a rifle behind every blade of grass.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: oneolcop; Ray76

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?


22 posted on 10/13/2012 3:02:06 PM PDT by 2ndDivisionVet (You cannot invade the mainland United States. There would be a rifle behind every blade of grass.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: 2ndDivisionVet

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.
http://articles.latimes.com/2012/oct/04/local/la-me-lapd-immigration-20121004

LAPD chief is submiting policies that contradict fedreal laws.Do not see Obama sending any lawyers to LA ?


23 posted on 10/13/2012 3:03:54 PM PDT by moonshinner_09
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pilgrim's Progress

Hmm..m..m .. What would George Washington have done?


24 posted on 10/13/2012 3:16:41 PM PDT by Twinkie (Live and let live.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Twinkie

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.


25 posted on 10/13/2012 3:30:56 PM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx)
[ Post Reply | Private Reply | To 24 | View Replies]

To: 2ndDivisionVet

Obama did something unconstitutional??? Color me SHOCKED!!!


26 posted on 10/13/2012 3:57:34 PM PDT by ilovesarah2012
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

24 days to go.

Regardless of who wins the election, IMPEACHMENT proceedings should begin against Obama on the very next day.


27 posted on 10/13/2012 4:49:02 PM PDT by Gator113 (I would have voted for NEWT, now it's Ryan and the other guy.~Just livin' life, my way~)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pride in the USA; Stillwaters

We know this. Without elected representatives who will abide by and enforce the Constitution, we have been powerless.


28 posted on 10/13/2012 4:57:39 PM PDT by lonevoice (Today I broke my personal record for most consecutive days lived)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
It doesn't really matter. Obama cares NOTHING about "the law," the constitution (which he refers to as "negative rights"), or individual human beings, unless they can be of some use to advance his ideology or career. He ignores the law, he ignores congress, he made "recess appointments" while the senate wasn't "in recess," he makes rules up as he goes along, while ignoring laws with which he disagrees. Obama is "the imperial president." The parallels between Obama and ancient Rome's Caligula are rather striking, especially in his blatant pandering for populist support while ignoring the law and the legislature.

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.

Mark

29 posted on 10/13/2012 6:06:32 PM PDT by MarkL (Do I really look like a guy with a plan?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

My father was too. So. Pacific, Solomon Islands...and he voted democrat ‘til the end.


30 posted on 10/13/2012 7:56:33 PM PDT by oneolcop (Lead, Follow or Get the Hell Out of the Way!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: MileHi
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.

And, yet, here we are.

31 posted on 10/13/2012 9:32:36 PM PDT by DustyMoment (Congress - another name for white collar criminals!!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: DustyMoment

He did this with an Executive Order. Each & every one of those EO’s can & will be reversed by Romney.


32 posted on 10/14/2012 8:56:34 AM PDT by ridesthemiles
[ Post Reply | Private Reply | To 2 | View Replies]

To: ridesthemiles
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.

33 posted on 10/14/2012 12:02:24 PM PDT by DustyMoment (Congress - another name for white collar criminals!!)
[ Post Reply | Private Reply | To 32 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson