Forums / Political & Legal / Is Executive Action Illegal?

2 years 19 weeks ago, 8:24 AM

daisycutter

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Will obama be violating the law when he issues blanket amnesty for illegal aliens?
What will be his punishment if he breaks the law?
Can his executive order be immediately reversed by Congress? If not, what can be defunded to cause amnesty to be abandoned by obama?

iyaoyas
2 years 19 weeks ago, 11:19 AM

Saint J.M. Browning

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Daisy

Executive action is not illegal, but it is constrained by the Constitution to the Executive Branch only.

IMO, if he issued an order that effectively contradicted the established law then, yes, he would be in violation of the law. He could legally issue an executive order ordering the law enforcement branches of the Federal govt. to not arrest and prosecute illegals on their immigration crimes. That would apply to DOJ, FBI, and other enforcement divisions under the executive branch.

He can NOT, under the 10th ammendment, tell state law enforcement offices to not arrest them. Nor could he have the judicial branches not adjudicate the trials.

If he exceeded the above, he would be in clear violation of his authority and, in a perfect world, could be arrested and prosecuted by the Feds. Possibly even a military tribunal, since he is C in C and in violation of his authority and oath of office.

Even if he kept it to the above legal means or if not but was not prosecuted by the DOJ, Congress could and should impeach him and remove him from office.

Congress can't reverse an executive order. I don't know if removal from office would nullify previous orders or if the next executive would have to do that.

Outside of impeachment and removal, Congress could defund the Executive branch completely, so the Executive branch would have to figure out how to run their departments on their private money. :)

"I don't think Hank done it this way" - Waylon
2 years 19 weeks ago, 12:09 PM

daisycutter

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embarrassing sometimes.
It's a huge outfit and I'm sure there are a million (no exaggeration) obscure rules I've never heard of.
I hope the new House and Senate can warn obama off of amnesty.
Our national culture is disappearing fast where there are concentrations of illegal immigrants.

iyaoyas
2 years 19 weeks ago, 6:41 PM

LLE

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I believe it is true Congress cannot reverse an EO, BUT, Congress can by regular legislative process, create law, which, in effect WILL reverse an EO, if the POTUS were foolish enough to sign it into law. But, he of course would Veto, thus requiring a 66 2/3 vote of each house to over-ride the veto, and validate the legislation, [as though the POTUS had actually signed it].

Too old to fight, Too old to run, guess that's why I carry a gun! "would someone show this asshole the way out of town".[Rabbi Avram Belinski-aka "The Frisco Kid"]
2 years 19 weeks ago, 6:51 PM

daisycutter

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the "president" by withholding money and getting hammered by the liberal press for being racists?

iyaoyas
2 years 19 weeks ago, 7:24 PM

LLE

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to express the will of the PEOPLE of the USA.. The media be dammed.

Too old to fight, Too old to run, guess that's why I carry a gun! "would someone show this asshole the way out of town".[Rabbi Avram Belinski-aka "The Frisco Kid"]
2 years 19 weeks ago, 7:48 PM

captmax

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obama

Worst president ever, I wish congress would grow some balls and do their job. If this guy was white he would have been impeached years ago. Wake up america, we are on the edge of the cliff.

Each election is an advance auction on the sale of stolen goods
2 years 19 weeks ago, 8:51 AM

Saint J.M. Browning

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Agreed

Congress needs to grow a pair. I'm sick of hearing that concessions have to be made for political expediency or to find a middle ground. When one side's intent is to destroy liberty and the foundation of the Republic, there is no middle ground.

"I don't think Hank done it this way" - Waylon
2 years 18 weeks ago, 12:25 AM

LLE

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My gut feel is that a real [Not Middle Ground] third party will emerge, before anything revolutionary, like Thom Jefferson's "tree of liberty" needing to be "refreshed with the blood of Patriots and Tyrants", vision.

Perhaps, even the Convention of States will actually come into being. That would be a very hopeful, but slow process......the beginning of reinventing the USA.

Too old to fight, Too old to run, guess that's why I carry a gun! "would someone show this asshole the way out of town".[Rabbi Avram Belinski-aka "The Frisco Kid"]
2 years 18 weeks ago, 12:15 PM

Saint J.M. Browning

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3rd party

would be nice. Especially if it were more than a slight variation of the Big Two. I think the Libertarians have it (mostly) right.
Most people I talk to about them though have some idea of them being a little nuts. And for some, this is true. But I try to convince them that it's better the voting for the "lesser evil". And we have the checks and balances to keep them from getting too out of control.
Yet, no one wants to "waste" their vote. To me, it seems similar to battered women's syndrome.
They'd rather stay with the one they know has been abusing them rather than take a chance on the unknown. Weird.

"I don't think Hank done it this way" - Waylon
2 years 18 weeks ago, 8:39 AM

daisycutter

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extremely unpredictable, radical and undesirable. They frequently are a result of widespread discontent and/or lassitude among the population. The greater the discontent the greater the potential for a ruthless, violent dictatorship, backlash to that is bloody revolution.
Conservatives have had to sit down and shut up too often lately but beginning in January it will be time for liberals to SD&SU. It's an opportunity for conservatives to sell their philosophy to middle of the road, disconnected and even some left side voters.
We have a government that is self healing as long as a balance exists, the pendulum has swung to our side. We could lose the balance and our country if the Supreme Court ever goes majority progressive.
A sure fire way to flip the Supreme Court over to the Dark Side is for conservatives to motivate left wing voters to get off their asses, donate to and work for their candidates.
Article V convention would be interesting but long slow process to make any changes.

iyaoyas
2 years 18 weeks ago, 12:23 PM

Saint J.M. Browning

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Daisy

It's not the 1st time that's happened. There's been several times that one party had sway of most voters and gained a super-majority. Then, in the natural course of human nature, got a little to big in the head and started acting like "lords of the people". Which, of course, eventually even (some) head-in-the-sand citizens will take umbrage to. And things reverse.

Hopefully, the GOP will learn from the past and serve the people in this latest opportunity from the people. I say this because, I don't want to say the GOP has the Republic's best interests at heart, but the Dems seems hell bent on its destruction.

"I don't think Hank done it this way" - Waylon
2 years 18 weeks ago, 2:49 PM

daisycutter

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Yep, I'd like to see human nature set aside for the good of all mankind but that's fantasy land. I am positive that as soon as the GOP realizes their power we'll see them screw up everything just like the jackass party did.
Since the nation is pretty much run by the people what we see unfolding in D.C. is a result of the people speaking their will. The dems got off the rails and the voters booted them, Soros money could not change the election.
If we had a 3rd party, a reformed GOP or a law abiding democrat party it would not last long I'm afraid, people are people.
Snow's gone for the forseeable future and temps are coming up for at least 7 days, whew! :)

iyaoyas
2 years 18 weeks ago, 4:27 PM

daisycutter

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thread. He (his staff) just answered this afternoon. You can see why I get thoroughly frustrated trying to communicate with mealy mouth. Looks to me like "Congressman" is planning on not taking risks and plans to stay in D.C. for a long time...

Thank you for contacting me regarding potential executive action on immigration reform. It is good to hear from you.

First, I continue to maintain the same stance that I have always had on immigration – we must secure the border and develop a long-term immigration policy that encourages lawful behavior, and I do not believe that unconditional amnesty, which the President continues to push, is the solution. I agree that our immigration system is in shambles and that the problem must be addressed head-on, particularly from a national security perspective.

As you know, President Obama has threatened to take unilateral executive action on immigration reform before a Republican-led Congress commences in January. Like you, I find the President's blatant disregard for Congress unacceptable. Under the Constitution, Congress has the authority to make laws, and the President has the authority to enforce those laws. Unfortunately, our President has failed to enforce our nation's immigration laws and many others already on the books. Additionally, I fear that any executive action on immigration reform will further deteriorate the President's relationship with Congress and severely jeopardize any attempt at meaningful immigration reform next Congress.

Please know that I will continue to work with my colleagues to hold the President accountable, and I look forward to finding innovative yet concrete ways to secure our nation's borders. I will keep your thoughts in mind should a pertinent bill reach the House floor for a vote.

Thank you again for contacting me. Please continue to keep me informed of the issues that are important to you and be sure to visit my website, www.womack.house.gov, for more information and to sign up for my newsletter.

DID HE SAY ANYTHING??!!

iyaoyas

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