Finally, the beginning of some sanity. It is scary having to rely on the courts after establishment Republicans just screwed the voters. BREAKING: Federal judge finds Obama amnesty is unconstitutional Ruling doesn’t immediately overturn policy President Barack Obama speaks to troops at Joint Base McGuire-Dix-Lakehurst, N.J., Monday, Dec. 15, 2014. President Barack Obama says every American who has served in Afghanistan should be proud of what they’ve accomplished. Obama is observing the end of combat ... more > By Stephen Dinan - The Washington Times - Updated: 2:31 p.m. on Tuesday, December 16, 2014 A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress. Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president. SEE ALSO: Amnesty fight: Obama admin tells courts they’re powerless to stop executive order “President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote. The judge also said the policy allows illegal immigrants “to obtain substantive rights.” The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts. SEE ALSO: Obama amnesty in jeopardy with Bush judicial appointee hearing states’ challenge A federal judge in Washington, D.C., will hear one of those challenges in oral arguments next week, and a similar case is proceeding in Texas. Mr. Obama’s new policy, announced Nov. 20, would allow up to 5 million illegal immigrants to apply for “deferred action,” which is a proactive notice that they won’t be deported, and a grant of a work permit to allow them to legally compete for jobs. To qualify, illegal immigrants would need to show they were brought to the U.S. as children, or to show that they have children who are either U.S. citizens or legal permanent residents of the country. The White House defends the policy as a reasonable use of Mr. Obama’s powers to set priorities for enforcing laws, and to stop the break-up of families due to deportation. In the Washington case, the Obama administration filed a brief late Monday arguing that immigration authorities can only deport fewer than 400,000 immigrants a year, out of a population of more than 11 million. They said makes sense for Mr. Obama to carve out millions of those who he won’t bother to go after, so immigration agents can focus on the rest. The administration lawyers also said the policy doesn’t grant illegal immigrants any rights, and said they could still be deported “at any time.” But Judge Schwab went point-by-point in refuting those arguments, saying that since Mr. Obama couched his policy as a moral imperative to keep families together, it is not so easy to undo his policy. And the judge repeatedly used Mr. Obama’s own words against him, listing some of the times the president had previously said he didn’t have the power to take the exact actions he has now taken. The case before Judge Schwab involved an illegal immigrant, Elionardo Juarez-Escobar, who was deported in 2005 but snuck back into the U.S., ending up in Pittsburgh, where his brother, a U.S. citizen, owned a landscaping company. Story Continues → Read more: http://www.washingtontimes.com/news...obama-amnesty-unconstitutional/#ixzz3M5pGMReN Follow us: @washtimes on Twitter
And ... yeah it may be the National Enquirer but I bet in Vegas the odds are that it's true .. EXCLUSIVE: MICHELLE EXPLODES AS OBAMA SECRET LOVE NEST REVEALED! Published on: December 15, 2014 President Obama’s Christmas has turned into the holiday from hell after a furious First Lady Michelle discovered his secret love nest! In a White House world exclusive, The National ENQUIRER has learned the couple’s marriage may end in divorce before Barack finishes his second term. “Michelle found out about his secret love nest and exploded in fury!” a White House insider told The ENQUIRER. “Despite the happy public face the family is putting out, it’s created the holiday from hell! “In early December, Michelle confronted Barack about a secret location he’s been using to meet up with women. She verbally ripped him to pieces. Barack didn’t have much of a comeback. He knows he’s been ratted out.” Multiple insiders confirmed to The ENQUIRER that Obama’s secret love nest is the swanky Jefferson Hotel, located a few blocks from the White House. “The ‘commander-in-cheat,’ as he’s known at the place, comes and goes so frequently that some hotel staffers call the door he uses the ‘Barack entrance,’” the insider divulged. “It’s easy for the president to get to and best of all, it has a secret entrance so he can come and go discreetly,” the insider divulged. “The hotel’s private wine cellar features a door used for inconspicuous egress.” According to the hotel’s website, the deluxe suites “afford city views of Washington, D.C.,” and they feature Italian marble bathrooms! As The ENQUIRER previously reported, Michelle discovered the Secret Service had been covering up for her husband’s unfaithfulness. Added the source: “You can bet after learning about his love nest that Michelle will be filling his Christmas stocking with coal – but better that than divorce papers.”
The National Enquire's record on this is perfect: as far as I can remember, they have been predicting the divorce of every President going back to Reagan.
getting back to the constitution, since you seem to know more about the law than I do, what does this mean? A judge opines that it is unconstitutional, so what happens next? Will it go to the Supreme Court? And how much time does that take? Will Obama even still be the president by the time they get around to it? I read the news like everybody else, but I don't really know what the news means as far as immigration is concerned does this have anything to do with immigration? Or is it just a challenge on how he did it?
Usually the next step is to file a court action to put an immediate stay to the policy that the court declared unconstitutional. The stay remains in place until the higher court addresses the appeal. Normally if the stay is granted then the government policy can not be put into effect and is on hold.
thanks for the informative reply, what is it with this guy? Every time he opens his mouth it ends up in court. On a more humorous note, at one time this country was a thriving enterprise, then everything ended up in court and it came to a grinding halt. Now everybody just stands outside the courthouse waiting for a decision about their future.