TemplarKormac
Political Atheist
- Mar 30, 2013
- 50,215
- 13,594
Article 1, Section 8, Clause 3 of the US Constitution:
This automatically denies the president the ability to grant citizenship. An executive order is not meant to override laws passed by Congress, or the Constitution itself. The Congressional body was created to act as a check on the President's executive power.
1) Explain to me how he has the 'prosecutorial discretion' to completely nullify the Constitution as he sees fit.
2) Explain to me why he can legalize 5 million illegal immigrants, while ignoring the 4 million other immigrants waiting in line to get in legally. Just how many years does it take for these people to get naturalized? How is this fair to them?
For those of you insisting on citing how Bush and Reagan 'circumvented Congress' to grant amnesty to illegals forget one thing. There were underlying pieces of legislation that allowed the president(s) grant amnesty to illegal immigrants.
In fact, in Youngstown Sheet & Tube Co. v. Sawyer 343 U.S. 579 (1952), Justice Robert Jackson laid down the legal test which assesses the ability of the President to issue an executive order. He wrote:
In determining whether the executive has authority, there are three general circumstances:
1. When the President acts pursuant to an express or implied authorization of Congress, the President’s authority is at its greatest.
2. When the President acts in the absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone in which he and Congress may have concurrent authority. When this is the case, the test depends on the imperatives of events and contemporary imponderables rather than on abstract theories of law.
3. When the President takes measures incompatible with the expressed or implied will of Congress, the authority of the President is at its lowest.
According to the Jackson Test, the EO then fell under the third criterion, as Truman was not allowed to use the war powers act to seize property. Obama isn't allowed to circumvent Congress to grant Amnesty, it's that simple.
This automatically denies the president the ability to grant citizenship. An executive order is not meant to override laws passed by Congress, or the Constitution itself. The Congressional body was created to act as a check on the President's executive power.
1) Explain to me how he has the 'prosecutorial discretion' to completely nullify the Constitution as he sees fit.
2) Explain to me why he can legalize 5 million illegal immigrants, while ignoring the 4 million other immigrants waiting in line to get in legally. Just how many years does it take for these people to get naturalized? How is this fair to them?
For those of you insisting on citing how Bush and Reagan 'circumvented Congress' to grant amnesty to illegals forget one thing. There were underlying pieces of legislation that allowed the president(s) grant amnesty to illegal immigrants.
In fact, in Youngstown Sheet & Tube Co. v. Sawyer 343 U.S. 579 (1952), Justice Robert Jackson laid down the legal test which assesses the ability of the President to issue an executive order. He wrote:
In determining whether the executive has authority, there are three general circumstances:
1. When the President acts pursuant to an express or implied authorization of Congress, the President’s authority is at its greatest.
2. When the President acts in the absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone in which he and Congress may have concurrent authority. When this is the case, the test depends on the imperatives of events and contemporary imponderables rather than on abstract theories of law.
3. When the President takes measures incompatible with the expressed or implied will of Congress, the authority of the President is at its lowest.
According to the Jackson Test, the EO then fell under the third criterion, as Truman was not allowed to use the war powers act to seize property. Obama isn't allowed to circumvent Congress to grant Amnesty, it's that simple.
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