Posted on 09/07/2017 2:14:07 PM PDT by street_lawyer
Vanity: Sixteen states have filed lawsuits claiming that President Trump’s rescission of the directive on Deferred Action for Childhood Arrivals violates the equal protection clause of the 14th Amendment of the U.S. Constitution. Firstly, as many of you already know, the 14th Amendment does not apply to the Federal Government, but only State action. Secondly, the 5th Amendment “due process” clause which does apply to federal action has been tortured and twisted and interpreted by former liberal courts to incorporate equal protection guarantees.
The 16-state argument is that since most of the people who would be affected are Mexican and Latino, Trump’s action “targets” those groups. But this argument is patently absurd. Legal scholars agree that DACA is the result of an unconstitutional overreach by the executive branch.
If DACA is unconstitutional it can hardly be the basis for unequal protection since an unconstitutional law provides no protection to anyone. One cannot acquire equitable status by relying upon a law that is unconstitutional. Therefore, whatever change of circumstances that might have taken place in reliance upon DACA is not actionable.
* * * The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and in legal contemplation is as inoperative as if it had never been passed. Since an unconstitutional law is void, it imposes no duties and confers no power or authority on anyone; it affords protection to no one, and no one is bound to obey it, and no courts are bound to enforce it. When a judgment of any court is based on an unconstitutional law, it has been said that it has no legitimate basis at all, and is not to be treated as a judgment of a competent tribunal, * * * Brown v. Cmm'r, 10 B.T.A. 1122 (B.T.A., 1928)
No doubt most of you realize that we have seen over the past 50 years of jurisprudence is that liberal judges have departed from adjudicating cases based upon the law to adjudicating cases based upon purely political considerations.
We are witnessing the corruption of a constitutional government that provided uniformity of outcome based upon a sound legal foundation. What we have now is an oligarchy, not merely by a few judges but by an entire congress.
26 states already won in court in opposing DACA. And that includes the USSC.
Then he changed his mind and decided that he in fact can break the law that's why these lawsuits are being successful.
DACA = CACA!
I support TACO. TACO = Trump’s Action for Childhood Outsiders. Bus them HOME!
I am not happy with Trump’s twitter comments AFTER he gave the announcement. He needs to cut if off without further comment and backtracking with hints of amnesty. Better yet let the states kill it in court. He should have done ZERO.
None of that matters. What matters is that DACA only exists because of Presidential fiat. What one president can create, the next can rescind. How does Obama’s mere executive policy announcement somehow now become an unalterable law?
“Unconstitutional”, in “progressive” lingo, means something they oppose.
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.