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My liberal brother blindsided me with the Federalist Society's concession. They apparently said it was legal, not on their website, but in a televised forum.
1 posted on 11/22/2014 2:05:12 PM PST by aimhigh
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To: aimhigh
There are no serious legal questions about the administration’s plan, which will temporarily legalize the status of some 4.3 million undocumented immigrants. Even lawyers for the conservative Federalist Society concede Obama’s legal reasoning.

Where do you go with an essay that starts like this?

A few short months ago even Obama himself was declaring the unlawful nature of what he did Thursday.

The writer is really, really dense.

2 posted on 11/22/2014 2:10:00 PM PST by skeeter
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To: aimhigh

Bottom line is: the dude took precisely the action he could have taken six years ago, and wants applause for it.


3 posted on 11/22/2014 2:11:01 PM PST by ArmstedFragg (Hoaxey Dopey Changey)
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To: aimhigh
Got an EO number?

/johnny

4 posted on 11/22/2014 2:13:41 PM PST by JRandomFreeper (Gone Galt)
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To: aimhigh

If they play it right, it’s nothing remotely resembling an “triumph.” The only immigration-related legislation that should flow from Congress from this day forward should ONLY be that which enforces law and secures the border. The amnesty component has been reached. Nothing more.


6 posted on 11/22/2014 2:16:12 PM PST by ScottinVA (We either destroy ISIS there... or fight them here. Pick one, America.)
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To: aimhigh
After years of legislative muddle, he was able to detach himself completely from Congress and articulate his own values. His remarks, met with rapt attention in immigrant communities, continued his rhetorical tradition of expanding the American family, accurately presenting himself (and, by extension, his party) as an ally to marginalized Americans.

What a load of BS.

9 posted on 11/22/2014 2:17:40 PM PST by Cementjungle
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To: aimhigh

The precedent will be useful if/when a Republican takes the presidency. There are quite a few pernicious laws that can simply be unenforced.


16 posted on 11/22/2014 2:20:13 PM PST by oblomov
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To: aimhigh
Even lawyers for the conservative Federalist Society concede Obama’s legal reasoning.

They're the new go-to guys for liberals?

22 posted on 11/22/2014 2:27:58 PM PST by MUDDOG
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To: aimhigh; All
Thank you for referencing that article aimhigh. Please bear in mind that the following critique is directed at the article and not at you.

”… Immigration law, unlike other kinds of law, is explicitly designed by Congress to delegate authority to the president."

FR: Never Accept the Premise of Your Opponent’s Argument

With all due respect to mom & pop, since generations of parents have not been making sure that their children are being taught about the federal government’s constitutionally limited powers, institutionally indoctrinated constitutional “experts" unsurprisingly don’t understand that the states have never delegated to Congress, expressly via the Constitution, the specific power to regulate immigration.

More specifically, after doing some scratching, regardless that PC interpretations of the Constitution’s Uniform Rule of Naturalization clause, Clause 4 of Section 8 of Article I, now wrongly blurr distinctions between immigration and naturalization, please consider the following.

Not only did Thomas Jefferson write that the states have never delegated to feds, expressly via the Constitution, the specific power to regulate immigration, immigration a 10th Amendment-protected state power issue, but James Madison, regarded as the Father of the Constitution, had essentially written the same thing.

As mentioned in related threads, here again is the relevant exerpt from Jefferson’s writing.

“4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” —Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

And here is the related excerpt from the writings of James Madison in Virginia Resolutions.

"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...

… the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”— James Madison, Draft of the Virginia Resolutions - December 1798.

So while the idea that Obama cannot pardon illegal immigrants without the legislative support of Congress is at least conceptually correct, it must be noted that Congress still cannot legislatively address any aspect of intrastate immigration without the required consent of the Constitution’s Article V 3/4 state majority via an immigration amendment to the Constitution imo.

H O W E V E R …

I expect the powers to be to continue to emphasize the PC interpretations of various constitutional clauses to justify federal immigration policy because it remains that the 10th Amendment is probably the best kept secret in DC.

The bottom line is that constitutionally ignorant citizens deserve unconstitutionally big federal government imo.

23 posted on 11/22/2014 2:31:57 PM PST by Amendment10
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To: aimhigh

If this was legal, then anything is legal.


25 posted on 11/22/2014 2:33:24 PM PST by The_Media_never_lie (The media must be defeated any way it can be done.)
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To: aimhigh

The headline is premature.

We have not even seen any EOs yet.

This could be another Kenyan Klown head fake.

If not, it is still illegal, as the cessation of deportation is illegal.

The Kenyan Klown is going to own this debacle, not the GOP.


26 posted on 11/22/2014 2:33:26 PM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: aimhigh
The Third World is everywhere victorious.
27 posted on 11/22/2014 2:34:19 PM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: aimhigh

There needs to be a political convention, to found a new party, whose principles should be broadly those of the old Republican Party, though purged of anti-Constitutional accretions.

The effort should begin with a public invitation to all Republicans currently holding office. They should be invited to attend the new party’s convention, provided they have not been involved in any corrupt financial deals with business interests or activist groups, and are certain that no one has any photographs of them in illicit sexual congress with any boys, girls, men, or women.

Let those Republicans who refuse to attend the convention on those terms explain why.


38 posted on 11/22/2014 2:42:50 PM PST by Arthur McGowan
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To: aimhigh

Illegal aliens get deported, they don’t get work permits - which is what Obama decrees they be given. THAT is legislating.


47 posted on 11/22/2014 2:56:37 PM PST by Ray76 (When Obama speaks he speaks as the leader of a foreign invasion.)
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To: aimhigh

I stopped believing such crap.

Everything can be edited to state the opposite.

Look,at the unedited link not some left wing crap.


53 posted on 11/22/2014 3:05:32 PM PST by ncalburt ( Amnesty-media out in full force)
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To: aimhigh

58 posted on 11/22/2014 3:26:53 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: aimhigh

Here’s the solution:

http://www.breitbart.com/Big-Government/2014/11/06/McConnell-Should-Defund-the-White-House-if-Obama-Tries-Amnesty/

Turn it around on Obama and the Dems. We need to keep an eye on 2016. Impeachment, government shutdowns, etc. are distractions. Pass popular bills and keep sending them to Obama for a veto. Demand vulnerable Dems vote with you.

Shut Obama down for the next two years. Limit his travel, and WH overhead expense. Don’t fund any of his consultants. Send bill after bill, funding the government minus a few items dear to Obama. Refuse to fund departmental increases. Send last years budget back to him. Reduce NPR, PBS, NEA, etc. budgets by 1%. Americans have been belt tightening why not these orgs? Then do it again and again.


68 posted on 11/22/2014 4:36:37 PM PST by 1010RD (First, Do No Harm)
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To: aimhigh

It is now established that Constitution-hating Progressives can do anything they want.

IMHO


89 posted on 11/23/2014 5:29:35 AM PST by ripley
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