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Attorney General Eric Holder can't explain constitutional basis for Obama's executive orders
Washington Examiner ^ | JANUARY 29, 2014 AT 1:56 PM | Joel Gehrke

Posted on 01/30/2014 7:05:36 AM PST by Texas Fossil

Attorney General Eric Holder couldn't explain the constitutional basis for executive orders such as President Obama's delay of the employer mandate because he hasn't read the legal analysis -- or at least, hasn't seen it in a long time.

"I'll be honest with you, I have not seen -- I don't remember looking at or having seen the analysis in some time, so I'm not sure where along the spectrum that would come," Holder replied when Sen. Mike Lee, R-Utah, asked him to explain the nature of Obama's constitutional power to delay the mandate.

Lee had based his question on a standard legal test, first described by Supreme Court Justice Robert Jackson, who said the president's authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is "incompatible with a congressional command" (category three), to use Lee's paraphrase.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: eo; executiveorder; holder; inequalitygodzilla; obama; sotu; stateoftheunion; tyranny; unconstitutional
There is a video at the link where Mike Lee questions AG Eric Holder about the legal reasoning of the source of power exercised by Obama.

OH, how I despise Red Rat Holder's lies and deception.

1 posted on 01/30/2014 7:05:36 AM PST by Texas Fossil
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To: Texas Fossil

2 posted on 01/30/2014 7:09:16 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Texas Fossil

It’s amazing how little Barry and Holder know. Holder just slithers his way out of every hearing and nothing happens. Barry couldn’t have picked a better consigliere.


3 posted on 01/30/2014 7:12:16 AM PST by surrey
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To: Texas Fossil; kristinn

Can you imagine if John Ashcroft was unable or unwilling to explain the Constitutional basis for the Bush administration’s actions?

Anyone think the media would report that news?


4 posted on 01/30/2014 7:12:22 AM PST by SoFloFreeper
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To: surrey

Egypt’s Morsi and our Democrat’s Obama have the same Muslim Brotherhood mentality, and thus both men are opposed to the Common Law basis of American Culture.

The American-based logic system falls on the deaf ears of both men.

Both men have a “Big Picture” mentality of destroying their existing societies in order to establish their version of the Muslim Brotherhood System of governance.

Their responses during and after the 2012 Benghazi Murders were the most revealing insights into their shared Muslim Brotherhood values.

Neither Morsi or Obama can be reasoned with by their countrymen. Their Muslim Brotherhood Mentality prevents them from doing so.

Any opposition to their plans is used by them to strengthen their conviction that their plans are correct.

Egypt has figured all this is out, when will America do the same?


5 posted on 01/30/2014 7:15:06 AM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: SoFloFreeper
Can you imagine if John Ashcroft was unable or unwilling to explain the Constitutional basis for the Bush administration’s actions?

Preposterous isn't it?

6 posted on 01/30/2014 7:16:03 AM PST by Principled
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To: Texas Fossil

Affirmative Action in action!


7 posted on 01/30/2014 7:16:35 AM PST by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: Graewoulf

And like Egypt, it will get real ugly in time as well.


8 posted on 01/30/2014 7:16:35 AM PST by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Texas Fossil

Surprisingly, Holder did not brand the line of questioning as racist. That’s probably his ace in the hole just in case he really gets pinned down.


9 posted on 01/30/2014 7:20:18 AM PST by shove_it (long ago Orwell and Rand warned us of Obama’s America)
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To: shove_it

Yep


10 posted on 01/30/2014 7:22:23 AM PST by Texas Fossil
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To: Texas Fossil
More smoke and mirrors. They say one thing and do another.

There is a slow coup d'etat transpiring in the US right now. In a real constitutional republic Holder and Obama would have been impeached long ago.

11 posted on 01/30/2014 7:22:36 AM PST by Former Proud Canadian (Cruz/Palin 2016)
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To: Texas Fossil


12 posted on 01/30/2014 7:29:49 AM PST by Iron Munro ("Sooner or later everyone sits down to a banquet of consequences." - Robert Louis Stevenson)
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To: Texas Fossil

13 posted on 01/30/2014 7:32:30 AM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: Texas Fossil
thanks, this should be good.

14 posted on 01/30/2014 7:33:16 AM PST by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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To: Principled

Can you imagine if John Ashcroft was unable or unwilling to explain the Constitutional basis for the Bush administration’s actions?

Preposterous isn’t it?


The inherent, or “built in” bigotry of the predominantly upper class, white, overeducated media personalities cannot question or compare holder to Ashcroft or Obama to Bush.

The media not only have the same goals as Holder and Obama, and as well, their life philosophy demands that they separate people by race.

You see, in the eyes of the media, Holder isn’t as smart as the white man and neither is Obama (as smart as a white man) - how could they be? - they’re “African Americans” and need special treatment to succeed.


15 posted on 01/30/2014 7:38:00 AM PST by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever.)
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To: shove_it

The NYT and BSNBC will be calling it racist before the day is over.


16 posted on 01/30/2014 7:39:55 AM PST by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: Texas Fossil
Incredible. This is precisely the sort of question an attorney general could expect to be called upon to answer, and readily.

He's putting us on and is genuinely divorced from the reason-for-being of his office. If he had been appointed head of Interior, 90 percent of his phone call would have been the same.

17 posted on 01/30/2014 7:45:52 AM PST by Prospero (Si Deus trucido mihi, ego etiam fides Deus.)
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To: Texas Fossil

Actually, he just doesn’t care.


18 posted on 01/30/2014 7:48:45 AM PST by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: Texas Fossil

Methinks Holder got his law degree from the same box top of “Quota-eerios” as did the Obamacretin.


19 posted on 01/30/2014 7:49:53 AM PST by Da Coyote
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To: Texas Fossil

Basis for it is “he will be into Year Two of his Lifetime Oahu Golf Vacation before any of these challenges reach the SCOTUS.”


20 posted on 01/30/2014 8:00:12 AM PST by Buckeye McFrog
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To: Texas Fossil

What they really want to do is re-write the Constitution to bring it up into the modern world where who needs protection from government access or the right to guns and be free in their homes and paper; basically totally removing the rights we enjoy and have a new Constitution to reflect Democrat/Liberal/Socialism with smatterings of the Koran in there just to make things right.


21 posted on 01/30/2014 8:07:22 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral)
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To: Texas Fossil

“Badges? I don’t got to show you no stinking badges!”


22 posted on 01/30/2014 8:12:21 AM PST by blueunicorn6 ("A crack shot and a good dancer")
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To: Texas Fossil

“I’ll be honest with you,”

Really?


23 posted on 01/30/2014 8:13:00 AM PST by Rennes Templar (Hillary Clinton, you were no Dennis Rodman.)
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To: Texas Fossil

Cruz is absolutely blowing Holder’s doors off right now on recent IRS activity. Don’t see any posts yet.


24 posted on 01/30/2014 9:25:52 AM PST by alrea
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To: Texas Fossil
Cruz is absolutely blowing Holder's doors off on recent IRS activity. Cruz and Holder.
25 posted on 01/30/2014 9:28:00 AM PST by alrea
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To: Texas Fossil

Think of all the laws that the next GOP president can chose to not enforce.


26 posted on 01/30/2014 9:32:09 AM PST by Mike Darancette (Do The Math)
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To: Former Proud Canadian

They would have been HUNG a long time ago.


27 posted on 01/30/2014 9:42:22 AM PST by nvscanman
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To: shove_it

Holder did not brand the questioning as racist because the media will do that for him.


28 posted on 01/30/2014 10:26:27 AM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: Former Proud Canadian

If we take the Senate, that will change.

There is no path to impeachment with the current Senate control.

Breech that barrier, and it is a totally different world.


29 posted on 01/30/2014 11:17:42 AM PST by Texas Fossil
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To: Rennes Templar

Really? Indeed.

Holder never tells the truth about anything. He has been the Left’s government scandal fixer since the 1980’s. That is the reason Obama made him AG.


30 posted on 01/31/2014 4:03:28 AM PST by Texas Fossil
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To: Texas Fossil

Obama and Holder are two of the most despicable people on earth.


31 posted on 01/31/2014 4:19:23 AM PST by Rocky (The further a society drifts from the truth, the more it will hate those who speak it. George Orwell)
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To: Rocky

Yes, they certainly are.


32 posted on 01/31/2014 4:44:06 AM PST by Texas Fossil
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