Will the Supreme Court
strike back at nObama’s overreach?
George Will
During Watergate, Henry Kissinger’s mordant wit leavened the unpleasantness: “The illegal we do immediately; the unconstitutional takes a little longer.” President nObama often does both simultaneously, using executive authoritarianism to evade the Constitution’s separation of powers and rewrite existing laws.
Last week, however, the Supreme Court took a perhaps-momentous step toward correcting some of the constitutional vandalism that will be nObama’s most significant legacy. The court agreed to rule on nObama’s unilateral revision of immigration law.
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Seeking reelection in 2012, nObama stretched the idea of “prosecutorial discretion” — supposedly “on an individual basis” — to cover a delay in efforts to deport more than 1 million persons who were brought to the United States illegally as children. But he said that with this he had reached the limit of his powers: “If we start broadening this executive action, then essentially I would be ignoring the law in a way that I think would be very difficult to defend legally.”
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In 2014, however, he expanded the sweep and protections of that program. His executive fiat would have shielded perhaps 4.5 million illegal immigrant adults with children who are U.S. citizens or lawful residents. His expansion made them eligible to work and receive Social Security retirement and disability benefits, Medicare, the earned-income tax credit, unemployment insurance, driver’s licenses, etc.
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Led by Texas, a majority of states (26) asserted standing to sue because of the costs of complying with the new policy. When they won an injunction, the nObama administration appealed to the U.S. Court of Appeals for the 5th Circuit. The administration lost there, too, and then asked the Supreme Court to rule on the legality of nObama’s action. The court should not, and probably will not, rule for the president.
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The court has asked to be briefed on a matter the administration must be reluctant to address; the Justice Department requested that the court not insert a “constitutional question” into the case. The question the court will consider is: Did nObama’s action violate the “ take care clause ”?
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nObama has sworn to “preserve, protect and defend the Constitution,” which says the president shall “take care that the laws be faithfully executed.” Josh Blackman of the South Texas College of Law in Houston and adjunct scholar at the Cato Institute in Washington says that only three times has the court relied on the take care clause to limit executive actions, and the justices have never asked for a briefing on this clause.
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In their brief, the states argue that “Congress has created a detailed, complex statutory scheme for determining” who qualifies for “lawful presence” in this country. No statute empowers the executive to grant this status to any illegal immigrant it chooses not to deport, let alone to confer “lawful presence” status on a class of many millions.
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The states say presidents cannot “change an alien’s statutory immigration classification.” So, nObama is not merely exercising discretion in enforcing the Immigration and Nationality Act. He is altering this act so that previously prohibited conduct no longer violates the act.
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Executive overreach has been increasing for decades. For example, although the Troubled Asset Relief Program was for financial institutions, the George W. Bush administration diverted more than $17 billion for auto companies. nObama’s usual justification for his unusually numerous acts of unilateral legislating is that Congress refuses to act on this or that subject. But regarding who qualifies for legal status and for the right to work, Congress has acted with notable specificity. nObama simply wants to grant to millions of people various benefits in violation of Congress’s will as written into law.
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For seven years, nObama has treated the take care clause as a mild suggestion. He considers it insignificant compared with his virtuous determination to “work around” Congress to impose his policies regarding immigration, health care, education, contraception, welfare, gun control, environmentalism, gay rights, unauthorized wars and other matters.
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Both leading Democratic presidential candidates praise nObama’s radical understanding of the Constitution’s Article II presidential powers. The leading Republican candidate would replace the Constitution’s 7,591 words with the first-person singular pronoun: He promises many unilateral presidential wonders, including a global trade war and a holier national vocabulary: “If I’m president, you’re going to see ‘Merry Christmas’ in department stores.”
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But no nObama executive action has yet repealed Article III’s judicial powers. So, come June we will learn whether the judicial branch will do its duty by policing the borders of the separation of powers.
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Comments :
MY TOASTER DID NOT WORK THIS MORNING
IF BEING A CONSERVATIVE MEANS BEING A LOSER, I'LL TAKE TRUMP AND THE WHITE HOUSE.
Everybody is talking about the constitution. It is gone. The supreme court is gone. The republican party is gone. The military is gone.
Never give up the ship.
TWO NAVY BATTLE BOATS captured by an Iranian fisherman. What two fighting words are missing from this scenario? BATTLE STATIONS. Remember John Paul Jones on the deck of the sinking Bon Homme Richard saying I have just begun to fight and he took the Serapis. Now we have a stand down Navy. Admiral Lemon Mullen who was alleged to have said I will never fire on Iran and backed up the Benghazi murders and cover up has set the pace for the take down of the US Fleet. Manufacturing won WWII.
Mfg is gone. JOBS ARE GONE. The cities are gone. Fresh water in Flint is gone. Healthcare is gone. Social security is dwindling. The schools are gone. The ten commandments are gone. The rebel flag is gone. The American flag is next and finally the cross. The second ammendment is on the way out just like the first amendment. Freedom of religion is gone unless you are a jihadist. You lost your country and you are never getting it back. CRUZ can't get it back. Rubio can't get it back. Riance Pemis can't get it back. The communist party that held the power for 8 years ain't giving it up. They will kill to keep it. We are living in a war zone. Cops aren't even safe. Freedom is gone. Take off your shoes. Helicopter moms soon will need gun ships. So while fools debate about what once was we have only one alternative to survive. EL TRUMPO. IF HE WINS AMERICA WINS. More tea anybody?
THE NATIONAL REPUKE IS A RINO RAG FOUNDED BY A POT HEAD WITH A GREAT VOCABULARY. THE WEAKLY STAND DOWN IS NO BETTER. BEWARE FIX NEWS.
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2. ) RE; [Will the Supreme Court strike back at nObama’s overreach? ]
Answer - No.
This is out there;...
Obama will go to prison for a fairer justice system
http://apnews.myway.com/article/20150716/us-obama-e35a80a72d.html
Actually the man should and must go to prison (along with all his associates and affiliates) for much more than that.
(What follows, (which is all over the entire NET) copy is sent to 'Washington Kingdom'....meaning, WHITE HOUSE, CONGRESS, SENATE....and a very large number of politicians - corrupted, and others that looks not so corrupted...not just yet.)
Nothing will be done....however;......the theater still on...and now (as sad as it it) Gowdy is one of the actors too.
This thing about Benghazi is just a small portion of the gigantic mountain of manure right before all of us.
There is so much going not exactly in favour of our country that the best way to fix all this is to cut the monster from root.....right from root....from top....from the head....where everything started.
We do have, bad economy (this country owes even the bottoms of the shirt to everyone out there (specially to China), events like.....IRS/NSA, Benghazi, Syria, Iran, Egypt, Iran, the entire middle east with ISIS and everything in between, unprotected borders - which means - drug cartels, massive crime, illegal parasites, terrorists groups infiltration, ...and so much more.
Don't we have (we, the people),...don't we have enough material to expose, accuse, convict, arrest, remove from power, and ultimately sent to jail the members, associates and affiliates inside and related to this un-American, unconstitutional , corrupted and fraud-base current administration?.....Yes?....or....No?
Nixon did less and it took only two journalist and a rotative to put him out of commission......we do have much much more to present against this impostor, don't we?
Well the solution is but one ,....to strike from root and in the head the entire anti-american, corrupted, rogue, unconstitutional-oriented, and fraud-base current administration there in Washington.
Nationwide / Coast-to-Coast American Public General Referendum.
Mr Barack Obama must be removed from White House, and put in jail along with all associates and affiliates the support and hide his illegal , unconstitutional , and so fraud-base ill-acquired presidential platform.
Illegal representation, and occupation on a public platform - on false pretenses -, corruptive endevours / total fraud.
And so, because all is and has been a fraud, and illegal, everything done by his name and under his name (indictments, executive orders, laws, etc, etc, )...everything becomes , automatically - BY CONSTITUTION - becomes "NULL" / invalid.
Mr Obama himself (the so called 'president') is very much well aware is way, way overdue to be exposed, arrested, charged, convicted, prosecuted, remove from power,and sent to jail for a very long time along with all his associates and affiliates supporting the fraudulent platform where he is...... the entire current administration for their ongoing insidious assault in so many ways and at so many levels - to the good people of our great country.
However those who are in the law spectrum can do this.....but it seems that nobody has guts....we have the factor (they have all the factors to put ahead all this)....but bribe and intimidation has been served,...as result fear is all over victimizing the potential lawyers that can do this ,....and so, nobody moves....just talk-talk-talk....huff-huff and puff-puff.....action?....real very solid action?......unseen.
It is way way overdue for this man (Obama) to be exposed, arrested, charged, prosecuted,convicted, removed from power, and put n jail along with all his associates upholding the lie....the fraud.
Now, let's say that....Judge Napolitano, Judge Shapiro as well, also, Sean Hannity, Sheriff Arppagio, Mark Levine, more than half of the staff from FOX, Rush LImbaugh, Michael Savage,...and so many others others can do this,... but fear is all over.
Nobody moves....fear, fear, fear......no guts whatsoever......american bravery?????where?
You know what?...Eric Holder was not that wrong when he said;..."this is a nation of cowards..."
Answer - No.
This is out there;...
Obama will go to prison for a fairer justice system
http://apnews.myway.com/article/20150716/us-obama-e35a80a72d.html
Actually the man should and must go to prison (along with all his associates and affiliates) for much more than that.
(What follows, (which is all over the entire NET) copy is sent to 'Washington Kingdom'....meaning, WHITE HOUSE, CONGRESS, SENATE....and a very large number of politicians - corrupted, and others that looks not so corrupted...not just yet.)
Nothing will be done....however;......the theater still on...and now (as sad as it it) Gowdy is one of the actors too.
This thing about Benghazi is just a small portion of the gigantic mountain of manure right before all of us.
There is so much going not exactly in favour of our country that the best way to fix all this is to cut the monster from root.....right from root....from top....from the head....where everything started.
We do have, bad economy (this country owes even the bottoms of the shirt to everyone out there (specially to China), events like.....IRS/NSA, Benghazi, Syria, Iran, Egypt, Iran, the entire middle east with ISIS and everything in between, unprotected borders - which means - drug cartels, massive crime, illegal parasites, terrorists groups infiltration, ...and so much more.
Don't we have (we, the people),...don't we have enough material to expose, accuse, convict, arrest, remove from power, and ultimately sent to jail the members, associates and affiliates inside and related to this un-American, unconstitutional , corrupted and fraud-base current administration?.....Yes?....or....No?
Nixon did less and it took only two journalist and a rotative to put him out of commission......we do have much much more to present against this impostor, don't we?
Well the solution is but one ,....to strike from root and in the head the entire anti-american, corrupted, rogue, unconstitutional-oriented, and fraud-base current administration there in Washington.
Nationwide / Coast-to-Coast American Public General Referendum.
Mr Barack Obama must be removed from White House, and put in jail along with all associates and affiliates the support and hide his illegal , unconstitutional , and so fraud-base ill-acquired presidential platform.
Illegal representation, and occupation on a public platform - on false pretenses -, corruptive endevours / total fraud.
And so, because all is and has been a fraud, and illegal, everything done by his name and under his name (indictments, executive orders, laws, etc, etc, )...everything becomes , automatically - BY CONSTITUTION - becomes "NULL" / invalid.
Mr Obama himself (the so called 'president') is very much well aware is way, way overdue to be exposed, arrested, charged, convicted, prosecuted, remove from power,and sent to jail for a very long time along with all his associates and affiliates supporting the fraudulent platform where he is...... the entire current administration for their ongoing insidious assault in so many ways and at so many levels - to the good people of our great country.
However those who are in the law spectrum can do this.....but it seems that nobody has guts....we have the factor (they have all the factors to put ahead all this)....but bribe and intimidation has been served,...as result fear is all over victimizing the potential lawyers that can do this ,....and so, nobody moves....just talk-talk-talk....huff-huff and puff-puff.....action?....real very solid action?......unseen.
It is way way overdue for this man (Obama) to be exposed, arrested, charged, prosecuted,convicted, removed from power, and put n jail along with all his associates upholding the lie....the fraud.
Now, let's say that....Judge Napolitano, Judge Shapiro as well, also, Sean Hannity, Sheriff Arppagio, Mark Levine, more than half of the staff from FOX, Rush LImbaugh, Michael Savage,...and so many others others can do this,... but fear is all over.
Nobody moves....fear, fear, fear......no guts whatsoever......american bravery?????where?
You know what?...Eric Holder was not that wrong when he said;..."this is a nation of cowards..."
3.) The better question would be: Will Obama comply with anything the Supreme Court does to restrain him or his plans for the fundamental transformation of America? With the Administration already in contempt of several inferior Federal Court Orders...what makes anyone believe he will comply with an order from the US Supreme Court, should it go contrary to his cause?
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