Would an Executive Order for Amnesty Create a Constitutional Showdown?

[jillian]

Do you think Obama will spit in the face of the Constitution?

Obama defiant vows immigration action this year - Yahoo News

it isn't unconstitutional. but thanks for your "expertise".

was it unconstitutional when baby bush signed the law that allowed the kids in from south America?

no.

dismissed.

 

[jillian]

Resolutions are not binding on a president, so BHO would simply ignore it. Pass binding legislation, the president will veto it, and neither House nor Senate will be able to over ride it.

Obola would assure the defeat of Democrats in 2016 if he tries to grant amnesty. Even most legal immigrants are against it.

zzzzzzzzzzzzz

any post calling the president of the united states "obola" should be immediately moved to the basement as a troll ....

 

[mudwhistle]

A joint resolution could stop Obola dead in his tracks.

 

[mudwhistle]

Resolutions are not binding on a president, so BHO would simply ignore it. Pass binding legislation, the president will veto it, and neither House nor Senate will be able to over ride it.

Obola would assure the defeat of Democrats in 2016 if he tries to grant amnesty. Even most legal immigrants are against it.

zzzzzzzzzzzzz

any post calling the president of the united states "obola" should be immediately moved to the basement as a troll ....

Obola blew it. Now Congress can amend the constitution and force him into obeying the will of the people. Amnesty will be ruled unconstitutional.

 

[JakeStarkey]

A joint resolution could stop Obola dead in his tracks.

They are not binding, podjo.

 

[JakeStarkey]

Constitutional Amendment Process

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.

The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR.

 

[bendog]

I wonder what Obama's end game is. I'm hopeful that he's really setting forth his requirements for acceptable immigration reform that he will sign. And, if Boehner fails to give him that, he'll just go executive and say "sue me." He'll be out of office anyway, and it's a great issue for the dems in 16. I don't see the motivation for him to take half a loaf.

 

[Uncensored2008]

Like stopping the closing of Gitmo, all Congress has to do is pass a bill to stop the E.O. So no Constitutional crisis. With control of both chambers of Congress, if the GOP can't get that done, it will just show how powerless they are.

Immigration law already exists. Should your little tin god try and use a royal decree to grant amnesty, he is already breaking the law. There is no provision in the current law for the king to grant amnesty.

 

[Antares]

I think it would take a 2/3 vote to stop an EO.
I'll try and find it.

 

[Antares]

I think it would take a 2/3 vote to stop an EO.
I'll try and find it.

Nope, I'm wrong.

 

[mudwhistle]

A joint resolution could stop Obola dead in his tracks.

They are not binding, podjo.

In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his approval or disapproval. However, joint resolutions used to propose amendments to the United States Constitution do not require the approval of the President.[1]

Joint resolution - Wikipedia the free encyclopedia
​

 

[The2ndAmendment]

This is the REAL scenario that will unfold, based on recent turmoil in the Arab Spring uprisings (most modern example of revolutions).

1: Obama uses EO to usurp the power of the elected general assembly (Congress). All power is hereby vested in Congress...

2: The General Congress starts the impeachment process.

3: Obama disbands Congress (history is full of over 100+ legendary examples of executives becoming dictators by suspending/abolishing the popular assembly).

4: House and Senate Democrats obey Obama's order to disband. A handful of RHINOS give some lip service against Obama, but also obey his order.

5: A House and Senate being composed only of real conservatives (since the liberals left), votes to impeach and remove Obama.

6: Obama says their vote is illegitimate, since he disbanded them. Lots of "Constitution was written by rich white slaver owners" propaganda "Time for the Change I promised" and Constitution is disbanded.

7: Civil War erupts between liberals and conservatives. Oathkeepers and Oathbreakers start the confrontation. "Ex-Pro-Constitutional Law Enforcement" now branded as "traitors" vs "Current/Pro-Obama Law Enforcement."

8: The liberal masses hide in their houses and cheer on the mass death wrought upon the Pro-Constitution terrorists.

9: The armed pro-Constitution population joins Oathkeepers.

10: Foreign nations come in to "save America from the terrorists."

11: Many "current Pro-Obama" forces abandon Obama and help resist foreign invaders, realizing what fuckups they were.

Now, for speculation.
12: In desperation, pro-Constitution forces use nukes against foreign invaders. Launching only two or three. They hit small cities, sending a message to China and Russia to fuck off and leave us alone.

 

[JakeStarkey]

A joint resolution could stop Obola dead in his tracks.

They are not binding, podjo.

In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his approval or disapproval. However, joint resolutions used to propose amendments to the United States Constitution do not require the approval of the President.[1]

Joint resolution - Wikipedia the free encyclopedia
​

Thank you for agreeing with me. They are not binding, and the president can approve, disapprove, or ignore. They cannot make him do anything.

 

[JakeStarkey]

hahahahahahahahaha T2ndA has gone crazy

Though you could write a novel based on that chronology for your wack buddies.

You would make a few bucks.

 

[Antares]

A joint resolution could stop Obola dead in his tracks.

They are not binding, podjo.

In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his approval or disapproval. However, joint resolutions used to propose amendments to the United States Constitution do not require the approval of the President.[1]

Joint resolution - Wikipedia the free encyclopedia
​

Thank you for agreeing with me. They are not binding, and the president can approve, disapprove, or ignore. They cannot make him do anything.

The only way to stop EO's is to have them unconstitutional.

 

[JakeStarkey]

100% correct, and only SCOTUS has the final say.

 

[Antares]

Yup and there is already supporting precedent.

 

[BlindBoo]

Like stopping the closing of Gitmo, all Congress has to do is pass a bill to stop the E.O. So no Constitutional crisis. With control of both chambers of Congress, if the GOP can't get that done, it will just show how powerless they are.

Nice that we're already talking about not only gridlock but a constitutional crisis between the prick in the Whitehouse and Congress.

As long as he's there nothing gets done.

Gridlock maintains the status quo. There is no Constitutional crisis. It is a cycle that keeps repeating itself. (How much was spent and where did it all go?)

The Congress of "No" deserves a fair share of the blame for gridlock as well. If they're still not willing to compromise, nothing will get done.

 

[M14 Shooter]

Do you think Obama will spit in the face of the Constitution?
Obama defiant vows immigration action this year - Yahoo News

it isn't unconstitutional. but thanks for your "expertise".
was it unconstitutional when baby bush signed the law that allowed the kids in from south America?
no.
dismissed.

You're addressing a question about the constitutionality of an executive order by asking a question about the constitutionality of signing a bill into law....?

And you want us to believe that you went to - and graduated from - law school?

I laugh at you, To your face.

Now get back to work -- you have a lot of shoes to shine.

 

[Antares]

Like stopping the closing of Gitmo, all Congress has to do is pass a bill to stop the E.O. So no Constitutional crisis. With control of both chambers of Congress, if the GOP can't get that done, it will just show how powerless they are.

Nice that we're already talking about not only gridlock but a constitutional crisis between the prick in the Whitehouse and Congress.

As long as he's there nothing gets done.

Gridlock maintains the status quo. There is no Constitutional crisis. It is a cycle that keeps repeating itself. (How much was spent and where did it all go?)

The Congress of "No" deserves a fair share of the blame for gridlock as well. If they're still not willing to compromise, nothing will get done.

There is no compromising with a man whose approach to things is "I Won".