Constitutional Emergency


Three things that are illegal about Obama's immigration plan


Published November 20, 2014

It’s official. By executive fiat, President Obama will grant amnesty to up to 5 million immigrants living illegally in the United States.

How did we get here? Didn’t the president say, even last year, that he couldn’t, and wouldn’t take executive action on immigration?

If Obama ever finds himself in a court of law, he would surely be advised to invoke the Fifth Amendment. He is prone to contradiction and tends to be a good witness against himself.

Consider his self-incriminating statements on immigration and executive powers. A year ago, when asked if he had the authority to end deportations of illegal aliens he said, “Actually, I don’t.” Three years earlier, when pressed as to why he could not act on his own on immigration he said, “The notion that somehow I can just change the laws unilaterally is just not true.”

Well, now the president says it is true -- he can alter the laws unilaterally. Why the metamorphosis? What changed? The law and the Constitution are still the same. Which leaves Obama. When it comes to the truth, inconvenient or otherwise, he is a chameleon like no other politician. He never hesitates to contradict himself, conjuring a new breadth of hypocrisy.

President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty. 

There is a difference. A determination not to act is, by itself, a deliberate act. This is how the framers constructed our system of government. Congress considers and debates a great many bills. Not all of them pass. This is not “failure” in the conventional sense, but decision by declination. It constitutes a prudent and calculated process.

But the president uses this contrived “failure” as a pretext to arrogate the authority of another branch of government. He wields his pen to legislate by executive decree. He well knows he is exceeding his power. In 2011, he said, “I know some people want me to bypass Congress and change the (immigration) on my own. But that‘s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.” He was right. It was a rare moment of clarity for a man who fancies himself a constitutional scholar.

Now, however, by granting legal status to roughly half the nation’s population of illegal immigrants, Obama is twisting the law, ignoring the Constitution, and abdicating his primary responsibility as chief executive. For years, he argued publicly it would be unconstitutional for him to take such action because he said, “I’m president, I’m not king.” Apparently, he now favors a crown on his noggin. In truth, he is king of self-confutation, negating himself with his own words.

Recently, when asked why he disagreed with himself, the president insisted, “Well, actually, my position hasn’t changed”. After the laughter died down, the Washington Post Fact Checker gave Obama an upside-down Pinocchio for his tortured denial of a blatant flip-flop.

The president’s executive order to legalize illegals by nullifying existing law, constitutes a stunning abuse of office: usurping the power of Congress, while abdicating his duty to uphold and enforce the laws. Here are three ways this is happening:

1. Distorting Prosecutorial Discretion 

President Obama claims he is entitled to overhaul immigration laws in the name of  “prosecutorial discretion.” It is one of those wonderfully fungible phrases in the law. Elastic because it is vague and ambiguous. Useful because it can be easily abused. Mr. Obama has appropriated this doctrine to argue he has near boundless discretion to amend, revise, waive or suspend the execution of immigration laws. As chief executive, he is empowering himself to decide what laws may be enforced or ignored and what persons may come or go across our southern border irrespective of what the law actually states.

In past decisions, the U.S. Supreme Court has cautioned the executive branch that its prosecutorial discretion, while broad, is not “unfettered.” It is subject to restrictions. The doctrine may not be used to adopt a sweeping policy of non-enforcement of the law. It applies only to decisions not to prosecute or expel specific individuals or small groups of people, typically for exigent reasons like war, civil unrest or political persecution.

By contrast, President Obama is bestowing a wholesale, blanket amnesty for an entire class of nearly 5 million people. He is doing so not for the reasons allowed by law, but for purposes that appear to be purely political. This is a flagrant abuse of prosecutorial discretion. His expansive action exceeds his authority in ways that none of his predecessors ever envisioned. And it is a radical departure from any of the executive orders issued by previous presidents.

It is true that President Ronald Reagan utilized executive action in 1987 to grant a limited deportation reprieve to certain spouses and young children of immigrants. But his order was a logical and direct extension of, not a departure from, an existing amnesty law Congress had already passed. His exemption and a subsequent extension by his successor, President George H. W. Bush, were later incorporated into a new law passed by Congress. The point is instructive. The actions by Reagan and Bush are not a supporting precedent for Mr. Obama, but an important limiting principle of presidential authority.

However, President Obama has commandeered this elastic doctrine of prosecutorial discretion and stretched or manipulated it beyond all recognition and reason. It has become his political Gumby toy with which he exerts his will whenever he fails to get his way with Congress. He contorts the word “discretion” to adopt a capacious policy -- his own policy -- to ban full enforcement of a duly enacted immigration statute. He treats the doctrine as a magical incantation shielding his arbitrariness.

2. Usurping Legislative Authority

Our Constitution clearly delineates a separation of powers. Congress is vested with writing laws and the President is charged with executing those laws. This is especially true when it comes to immigration.

At the end of the 19th century, the Supreme Court declared that Congress had “plenary power” (meaning full and complete) to regulate immigration. Derived from Article 1, Section 8 of the Constitution, the doctrine is based on the concept that immigration is a question of national sovereignty, relating to a nation’s right to define its own borders and restrict entrance therein. As the high court observed, “Over no conceivable subject is the legislative power of Congress more complete.”

Yet President Obama has decided to usurp this power by unilateral directive, unconstrained by established checks and balances. In so doing, he is granting himself extra-constitutional authority and upsetting the carefully balanced separation of powers. He is also subverting the nucleus of our constitutional design: the rule of law.

3. Breaching His Sworn Duty

President Obama’s decision that existing laws shall not be enforced against some 5 million illegal immigrants violates his sworn constitutional duty. Article II, Section 3 requires that the President “shall take Care that the Laws be faithfully executed.” Nowhere is it written that the chief executive is granted the latitude to pick and choose which laws he wants to enforce. He cannot ignore or nullify laws he does not like because the constitution gives him no power not to execute laws. To infer such latitude would invite an authoritarian rule anathema to our founding fathers’ vision. President Obama admitted as much when he said, “The fact of the matter is, there are laws on the books that I have to enforce.” He was specifically talking about immigration laws.

In 1996, Congress passed a law which requires federal immigration agents to deport illegal immigrants, with few exceptions. The statutory language is mandatory. Thus, whatever prosecutorial discretion which may have existed previously, was specifically eliminated by that legislative act. Yet, the President is now, in effect, ordering those agents to break the law. He cannot, on his own, engage in a de facto repeal of this law by executive order. To do so would be, quite simply, lawlessness and a dereliction of his duty.

If President Obama can refuse to enforce a valid federal law affecting millions of people, are there any limits to his powers? After all, he has frequently threatened, “Where Congress won’t act, I will.” What is to stop him from rewriting other laws with which he disagrees? Or to act where Congress has declined or refused to act? Can he abolish certain tax laws because Congress chooses to keep them? Can he banish all sources of energy except renewables to advance his agenda on climate change? If so, why even have a legislative branch of government? What’s the point of a Constitution which enumerates and circumscribes powers and duties?

Men like Madison, Jefferson and Adams were keenly aware of the tyranny and corruption of authority concentrated in too few hands. They knew the thirst for power posed an existential danger to those who cherish freedom. Their genius was in crafting a sustaining document that would end the arrogance of one man rule and protect the inherent rights of all men. They knew that absolute power corrupts.

And they feared future presidents like Mr. Obama.

In the history of our republic, no president has dared turn his high office into an instrument of unrestrained power. They held too much respect for their fellow citizens than to abuse or misuse the principles of our democracy. Even Lincoln’s actions to preserve the nation during the Civil War were grounded in the Constitution and the rule of law.

But, like the title of his autobiography, Mr. Obama’s measure of himself seems defined by the word “audacity.” It is no more evident than now.

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This is of itself an Indictment of the Dereliction of Duty he is Guilty of. As well as Grounds for Arrest and Detainment by the Joint Chiefs of Staff. To do less would be Dereliction of Duty by the Military Command Structure. Either they must act and act swiftly and forcible or We The People will have no Choice but to act on our own to Remove and place on Trial for Dereliction of Duty, Treason, and Destruction of the Constitution. He Called America a "Democracy" this for a Constitutional Scholar is incomprehensible. When he does not even know we are a Constitutional Republic He is IMHO Unfit to serve as the POTUS and therefore Must be removed from the Oval Office post haste

I hold a real J.D. in Law and have found NO evidence that BO has a real J.D./Law degree!  His words alone clearly shows me and the rest of the Legal Community that he does not understand the U.S. Constitution, the history behind it (standings), and that our Nation is a Republic, not a Democracy!  He does not even understand the  fundamental  differences between the two forms of Government, and the differences are great if you drill down to the historical and practical applications of the two different forms of Government!  This POS had not provided any evidence that he is even a U.S. Citizen let alone graduated from Harvard Law School...You can't see what does not exist!  The U.S. Constitution lays out the duty of each American Citizen and what they have in their power to do.  And if you are and American, the U.S. Constitution is not making a suggestion to what "We the People" need to do to save our Nation, this is a requirement/demand for "We the People" as Americans to SAVE OUR NATION..!!!  This is not a call to arms just yet, give congress their chance, but if their first course of action is not to remove BO from office for TREASON, then the call to Arms must go out..!!!  I can't believe I would ever make such statement in my life time, but the future of our Nation and our Children's and Grand Children's future depends on it..!!!  God Bless America, AGAIN!  Praise be the Lord Jesus Christ!

Jesus Christ said we are to have a heart like King David of Israel, who killed his tens of thousands.

Not that we are all commanded to kill tens of thousands, my point is there is a time and place to take up arms and Jesus Christ will back us.

So, Jesus Christ please give us clear vision and wisdom to know if and when this is called for and courage.

He's giving us the vision , now with our free will , we have to decide when we go. He will have our back but he won't force us to do anything.


Keep in mind the real enemy is not Washington, D.C.

The real enemy is bunches of people who think they know more than God and have great wealth to promote their ideas.

They use some of their money to control politicians. Then we do not pay attention and let them get away with it.

I'm not whitewashing the wealthy. I have many wealthy friends, including billionaires, who are conservatives like our Founders. Likely we would already be a communist Islamist country if they were not using their resources to fight back.

I am looking forward to meeting up with these people in Heaven like I would for anyone who has chosen to love.

Part of the strategy of the Evil Elite, Elite meaning wealthy who make far reaching decisions, is to wreck the morals of society. Theirs are already gone, I mean GONE.  I have evidence. Sickening.

The dirty little secret is we could turn this around fast if morality returned to that of our Founders.

I'm on a mission to get people to read the Bible in significant chunks in meaningful order EVERY DAY. I've already put my money where my mouth is on this. I've received permission from Tyndale to copy and print the pages of Proverbs my wife and I read every morning. They fell out from eighteen years of use and are ragged. I call this brochure "Tattered". It is beautifully done by a digital artist. Costs me $2.50 each to print and I give out lots (for free). I tell each person how to use it.

If we could find and deal with the Evil Elite Washington would change overnight.

Likely that will not happen until we the people get back on solid moral ground.

Who went around the halls of congress wispering martial law, anthrax, when the banking system imploded in 2008? We should take a lesson from Iceland and hire all those fired atty Gens to individually stuff up the courts and jails with theiving clerics from the liber banking scandal and the child sex rings that are used to controle politicans and the world bank faking the books, and campaign finance reform and paper ballots instead of diebold vote fraud..... !! My hypothesis is that there is an organized subtle group of people who want to rule the world together, and they have been doing such illegal things that open inspection would bring them down into obscurity like Cain was ostricised from humanity after killing Able.. There is a eugenics policy being implemented in order to kill off the poor and ethnic groups that was declared illegal at neuremburg. It is illegal and immorral and we need to expose the truth, first, then take it to court..!!!

   I think hussein understands the Constitution very well. Our problem is that uninformed voters have no concept of the fact that our founding documents were put in place to restrict big Gov.,so when he tells them he is following the very documents he has destroyed they believe him. Then there are the liberals who see Communism & Marxism as a good thing and help him,praising him on everything he does.

   IMHO,America is already a part of the NWO at a low level and it will get worse if we don't stop it soon. Petitions,faxes,ph. calls are a waste of time at this point,although I will continue to take part in all.

  In our hearts we know what has to be done and it isn't pretty. God help America.

There is a 2 hour documentary called AGENDA that should be shown to every American. It tells  how we have gotten to the point we're at and where America is headed.

I agree 100% and am waiting for that call to arms and will be ready to go. I would rather die for God and country then to live as a slave to a NWO.

Right. I have always said that America was no mistake. God created our nation to be a shining light to the rest of the world. He expects us to defend His nation and stand for Jesus Christ out Savior. Christians and Jews have died throughout history defending our values and God given rights. God never promised it would be easy,He just expects us to do it.



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