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Executive Order challenge: fair or foul?

Temlakos~POTL~PWCM~JLA~☆ 2012/06/18 13:48:14
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Representative Steven King (R-IA) said on Friday that he would go to court to enjoin Obama's "DREAM Executive Order" from taking effect. Unless and until Congress
passes anything like the DREAM Act, Obama has no right to put it into
effect by Executive Order. So says
King. He also said he would challenge the President by himself, whether
anyone else in Congress joined him or not. (See stories in WND and Newsmax.)


King’s problem with this Executive Order goes far beyond what it does. No
President, nor any State Governor or other executive, has the power to
do what he pleases without checking with his respective legislature.
King said he would act


before Obama has a chance to do even more damage to the Constitution.


King has done this before. Then-Governor Tom Vilsack signed an
Executive Order in 1999, having to do with hiring discrimination in
State government offices. King sued him, and won. A judge said that
Vilsack exceeded his authority with that order. King will rely on his
experience in suing Obama. His lawyers are looking now into:


  1. Where to sue, and
  2. Whether he has standing.

This is the first time in recent memory that anyone in Congress has
challenged a Presidential Executive Order. Without challenges like this,
Presidents have for decades seemed to make new law with them and get
away with it. Now, at last, a court might decide whether a President may
do that, and how far he may go.

Read More: http://www.conservativenewsandviews.com/2012/06/18...

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  • Odinsown 2012/06/18 14:04:53
    It's about time! Presidents have no power to govern by Executive Order. Not i...
    Odinsown
    +18
    Executive orders are the equivalent of the president saying "why? Because I said so!"

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  • I don't... Raymond... 2012/06/20 14:16:37
    I don't like Obama in office
    +1
    Thanks again ...Views of mine must made in based on some facts other wise this Elected person would not be seeking to stand up and say something along the same lines as I wrote... The powers Obama took or seams to be taken with out the vote of congress or the voice of we the people is known in the legal terms as Constructive treason for he side steped Basic voting rights the very representative republic we are to be He cannot change hard law with out the vote of the of One or More of the houses of congress such would be a Conspiracy to deprive the rights and freedoms so they the elected are to up hold... note Obama's .. veto powers was to make sure such an One person that was to bring him a confirming action by the houses of congress was to have been passed by the houses of .if the facts was not so he could not sign it to agree with it.....such nothing like what this Man is doing
  • Raymond... I don't... 2012/06/20 15:17:21
    Raymond Allamby
    he is not changing any law, just choosing which will be enforced. that power does reside with the president. if it didn't we would still be charging up to 35% import tarifs, which are still on the books. thank reagan for that. there are other examples, but i don't have time to post them all.
  • I don't... Raymond... 2012/06/20 21:25:56 (edited)
  • Raymond... I don't... 2012/06/20 21:47:04
    Raymond Allamby
    funny, i don't see you vilifying reagan, for deciding not to enforce import tariffs, a decision that cost our country trillions, and paved the way to off shoring our manufacturing base.
  • I don't... Raymond... 2012/06/20 22:13:21 (edited)
    I don't like Obama in office
    +1
    This debate is not about Reagan who is dead and gone this is about Obama's & the fan club seeking to back power he does not have this is about the contempt for his oath office, this will be stoped as along with Obama care as it is being taken apart..
  • Raymond... I don't... 2012/06/20 22:19:26
    Raymond Allamby
    keep dreaming moron.
  • I don't... Raymond... 2012/06/22 18:20:13
    I don't like Obama in office
    +1
    ok i will play along with your school boy viewsl ...Coming from you I take that as a COMPLEMENT...I would give you one yet I am with grave fear I would insult your intelligence
  • Raymond... I don't... 2012/06/22 18:35:21
    Raymond Allamby
    fear not, my adversary. my intelligence is beyond insult. say what you will.
  • I don't... Raymond... 2012/06/22 20:58:11
    I don't like Obama in office
    +1
    Have A Good day...:)
  • I don't... Raymond... 2012/06/22 18:22:47 (edited)
    I don't like Obama in office
    +1
    Executive Order challenge: fair or foul?



    seams to me Holder and Obama are seeking to unconstitutionally abuse the Constitutional laws... Be it as they may wish the only thing Holder can with hold would be his own words as such the respect of his personal rights of Self-incrimination, as such the 5th Amendment, Yet seeking to with hold any papers of facts as in this matter papers that can easly be gotten by force via writ of certiorari & writ of Mandamus via the 4th Amendment named and out lined in such by orders of the inqury of the courts by direction of the congress such he could not with hold the papers belonging to the tax payers we the people for the action of the Congress, less such would be crime of obstruction of justice and constructive treason ,such Indirectly a Violation of civil rights. of the families seeking justice do them from any 1st Amendment redress...

    have you ever read the history of the 14th Amendment Section 3,

    Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature,...














    Executive Order challenge: fair or foul?



    seams to me Holder and Obama are seeking to unconstitutionally abuse the Constitutional laws... Be it as they may wish the only thing Holder can with hold would be his own words as such the respect of his personal rights of Self-incrimination, as such the 5th Amendment, Yet seeking to with hold any papers of facts as in this matter papers that can easly be gotten by force via writ of certiorari & writ of Mandamus via the 4th Amendment named and out lined in such by orders of the inqury of the courts by direction of the congress such he could not with hold the papers belonging to the tax payers we the people for the action of the Congress, less such would be crime of obstruction of justice and constructive treason ,such Indirectly a Violation of civil rights. of the families seeking justice do them from any 1st Amendment redress...

    have you ever read the history of the 14th Amendment Section 3,

    Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

    Note the fact the vote..for

    have you ever read the civil rights Act or force acts 1833-1871

    such again give the right of the people in other or related factos to hold officers of the state lible in federal courts for seeking to deprive given rights,, that is not limited to matter that would cause harm or death from bad leadership , making them the elected of the state of the states that had over cite lible in other parts related to the facts ...denying voting rights The voting powers of the congress to act in good faith of the people if they sought let the matter go with out such votes of by then they are to at fault...??

    Holder is lible as is Obama have you ever read
    42 USC § 1986 - Action for neglect to prevent

    reading and or research on my own I thought such powers of say the president in order too use such powers had to have the voted blessing of the congress to act other wise such order would be rejecting the voice of the representative republic we are to be less such is ? Indirectly or directly seeking to deprive the rights of the people basic voting rights with such.

    .I don't you can yet I will say it any way

    ..please correct me if I am with err in my views yet as I understand George Washington that he was to have rejected at the end of the revolutionary war was ask to become such the King more or less such granting him the immunities Obama and Holder seek rather the Justice of the rights to hold accountible our elected officers of the league of common defense when they act out side of such constitutional rules such would be Constructive treason? for the facts Holder and Obama sought to give aid arms to our foes a act of war with out the out lined Joint will of such nations by the vote of the congress...I make such notes of the Historical views of the Voluntary tax systems of spending for such things
    (more)
  • I don't... I don't... 2012/06/22 18:30:58
    I don't like Obama in office
    +1
    42 USC § 1986 - Action for neglect to prevent

    . , http://www.law.cornell.edu/us... Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued
  • Raymond... I don't... 2012/06/22 18:43:58
    Raymond Allamby
    you're very wordy, trying to make a point, while missing the whole gist of my comments. it it totally specious to attack obama, for using his authority, whilst lauding the others before him who use the same authority. it's entirely plausible, that the information requested, would potentially expose covert operative to harm, as well as mexican government officials, who desire anonymity. the executive power is given for precisely those reasons. all this outrage is from sour grapes, over the fact that obama is refusing to let you retardlicans, submarine holder, in this political witch hunt. BTW, the correct spelling in your context is seems.
  • I don't... Raymond... 2012/06/20 21:59:11 (edited)
    I don't like Obama in office
    +1
    As for Immigration Reagan signed the Immigration Reform and Control Act in 1986. {{that Passed by Congress}} ))not something he picked from a(( +Dream Act+ -----that had not passed by congress and or a mix of other laws to make his new Dream Act....With out th backing vote of congress ......The act made it illegal to knowingly hire or recruit illegal immigrants, required employers to attest to their employees' immigration status, and granted amnesty to approximately three million illegal immigrants who entered the United States prior to January 1, 1982, and had lived in the country continuously. Critics argue that the employer sanctions were without teeth and failed to stem illegal immigration.[220] Upon signing the act at a ceremony held beside the newly refurbished Statue of Liberty, Reagan said, "The legalization provisions in this act will go far to improve the lives of a class of individuals who now must hide in the shadows, without access to many of the benefits of a free and open society. Very soon many of these men and women will be able to step into the sunlight and, ultimately, if they choose, they may become Americans."[221] Reagan also said, "The employer sanctions program is the keystone and major element. It will remove the incentive for illegal immigration by eliminating the job opportunities which draw illegal aliens here."[221 , http://en.wikipedia.org/wiki/...
  • Raymond... I don't... 2012/06/20 22:13:53
    Raymond Allamby
    this is about using executive orders, not immigration. try to keep on point, will ya.
  • Pamela ... Raymond... 2012/06/20 15:51:15
    Pamela Perkins
    No, you're paranoid and scared that your anointed one will not be elected again.
  • Raymond... Pamela ... 2012/06/20 16:07:33
    Raymond Allamby
    hahahaha. you're silly.
  • Pamela ... Raymond... 2012/06/20 18:07:49
    Pamela Perkins
    I might be silly, but I am right on this one.
  • Raymond... Pamela ... 2012/06/20 18:26:13
    Raymond Allamby
    whatever you need to tell yourself to get to sleep at night.
  • tdterry... Raymond... 2012/06/20 14:24:16
    tdterry1999
    Bush is gone.Don't you think it's time to grow up and quit saying but mommy he did it.[A lot of people didn't like it when Bush used EO'S]
  • Raymond... tdterry... 2012/06/20 15:17:25
    Raymond Allamby
    just pointing out the hypocrisy, and racism of retardlicans. i didn't blame bush, just used him as the most recent example.
  • Pamela ... Raymond... 2012/06/20 18:09:41
    Pamela Perkins
    +1
    Right back atcha!
  • Raymond... Pamela ... 2012/06/20 18:30:17
    Raymond Allamby
    you get a real kick out of babbling on the internet, don't you?
  • Pamela ... Raymond... 2012/06/20 23:43:21
    Pamela Perkins
    +1
    I sure do honey! Don't you.
  • Raymond... Pamela ... 2012/06/20 23:54:00
    Raymond Allamby
    not really, i see it as my duty to combat evil where i find it.
  • Pamela ... Raymond... 2012/06/22 18:48:26 (edited)
    Pamela Perkins
    +1
    Two words for the Democratic Party, PURE EVIL at it's best. Lying, disgusting, disrespectful.disobedient bunch of worthless liberals.
  • tdterry... Raymond... 2012/06/20 20:46:35
    tdterry1999
    +1
    So it's ok in you mind .That goverment can do anything they want.That way of thinking will come back to bite you.
  • Raymond... tdterry... 2012/06/20 21:07:32
    Raymond Allamby
    that's not what i said, and you know it.i'd explain it to you, as i would to a child, but i don't have time today.
  • whigamore 2012/06/20 05:53:09 (edited)
    Don't overreact. This Executive Order does not go beyond ordinary Presidentia...
    whigamore
    +1
    It's time, for their own benefit, for Republicans, Conservatives, immigration policy hysterics and rest to shut the heck up about this, roll with the punches, grin and bear it and try to find someway to salvage something here.

    Jeb Bush was exactly right: Resentful opportunists within the party, like Tom Tancredo, have ginned up a monster by promoting hysteria about illegal aliens -- let's call it what it is, Mexicans, and put the the party in a box.

    You have a real mess on your hands with the Hispanic community, which USED TO BE moving toward parity between the parties, and now you --we-- have been utterly out-manuevered by Barack Obama. That includes Steve King, a host of other hotheads, and even usually well-considered pundits like Charles Krauthammer.

    And. . . Obama may well be setting you up again.

    What, may I ask, are all of you with your hair on fire about this going to do if Obama simply decides to withdraw his "Executive Order," which amounts to a TEMPORARY and conditional reprieve, stay of deportation (or whatever) and decides to go whole-hog and issue a complete AMNESTY or PARDON to all those named in his policy change?

    Sue him? Impeach him for "unconstitutional actions."

    I think not.

    Look, on several levels, Obama may indeed be the worst President we’ve ever ha...

































    It's time, for their own benefit, for Republicans, Conservatives, immigration policy hysterics and rest to shut the heck up about this, roll with the punches, grin and bear it and try to find someway to salvage something here.

    Jeb Bush was exactly right: Resentful opportunists within the party, like Tom Tancredo, have ginned up a monster by promoting hysteria about illegal aliens -- let's call it what it is, Mexicans, and put the the party in a box.

    You have a real mess on your hands with the Hispanic community, which USED TO BE moving toward parity between the parties, and now you --we-- have been utterly out-manuevered by Barack Obama. That includes Steve King, a host of other hotheads, and even usually well-considered pundits like Charles Krauthammer.

    And. . . Obama may well be setting you up again.

    What, may I ask, are all of you with your hair on fire about this going to do if Obama simply decides to withdraw his "Executive Order," which amounts to a TEMPORARY and conditional reprieve, stay of deportation (or whatever) and decides to go whole-hog and issue a complete AMNESTY or PARDON to all those named in his policy change?

    Sue him? Impeach him for "unconstitutional actions."

    I think not.

    Look, on several levels, Obama may indeed be the worst President we’ve ever had and frankly I do think him to be so.

    However, "rule of law" includes first and foremost the Constitution of the United States and like every president before him, Obama has the legal power to override the justice system, release anyone he chooses from imprisonment or from paying a fine, and return that person to a state of innocence as though he had never committed a crime.

    In the United States, the pardon power for federal crimes is granted to the President of the United States under Article II, Section 2 of the United States Constitution.

    Let me say that again: By the United States Constitution. Specifically, it is stated that

    "The President … shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

    The Supreme Court — in accordance with its own Constitutionally granted powers (like it or not) has interpreted this language to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and, yes, amnesties.

    Moreover, the power to do this is plenary. That is, it is complete and it is his alone. The president isn’t required to explain or justify his actions to you, to me, to Congress nor, for that matter, to anyone else .The power to pardon is solely in the discretion of the president, and cannot be reviewed or overturned by any of the other branches of government.

    Immigration hawks are screaming right now about how this man thinks himself a King and, well, we don't have a King. That may be true, but in a sense, the power to pardon is is — and always has been — rather like the power of a king, as its basis is almost certainly in the royal Prerogative of English Kings.

    It does not require a conviction nor even a formal charge. Remember Richard Nixon? Think it has to be done on a case by case basis? Then recall Jimmy Carter's wholesale amnesty following the Vietnam War.

    Of course, some may protest that he, Obama, has not issued a pardon or amnesty here, only an "Executive Order", and that therefore he has acted unconstitutionally, lawlessly and in a way rising to the level of an impeachable offense.

    Really? As though having been given the whole apple, one might be criminal for taking only a bite? (There are other metaphors here, but I demur to use them.)

    This is, again, why conservatives should shut-up, grin and bear it and roll with the punch they've taken.

    Pushing the President, assuming he has not technically granted amnesty here, may well simply encourage him to do so, and beyond that point there is no appeal. Once done, it would be be permanent as to those so "pardoned," and beyond the power of a future President to rescind.

    All of which means, speaking of "Kings", the good representative Steve King’s vow to "sue and win" a case against this policy is almost surely a fool’s errand.

    One possible strategy for opponents might be to acknowledge that the mere presence of a minor child in-country is not actually a "crime," as such, but only a civil misdemeanor and thus not subject to the pardon power. Or perhaps, they could follow the decision already issued in Plyler v. Doe from the 1970s, i.e., that there is no crime at all and that minor children brought here by their parent are innocent -- repeat, innocent -- because they neither had control of their parents actions nor of their own status..Since, ostensibly, you can't pardon a non-crime, then perhaps they could insist these folks be deported in a mere administrative, non-criminal process.

    But I don’t suppose the hysterics on this matter would very much like THAT approach, would they?.

    Unfortunately, Obama has, with this action, probably increased his margins within the Hispanic community (not a racial group, by the way) and for the near term put any gains there out of reach for the Republicans.

    That’s sad, because this admittedly cynical political ploy by Obama might have been denied him . . . had Republicans simply supported immigration reform four years ago.
    (more)
  • I don't... whigamore 2012/06/20 12:57:08 (edited)
    I don't like Obama in office
    The powers Obama took or seams to be taken with out the vote of congress or the voice of we the people is known in the legal terms as Constructive treason for he side steped Basic voting rights the very representative republic we are to be He cannot change hard law with out the vote of Congress or the order by the courts ..this would not fall in line with Soft law...such goes against all views of the framers one of them being George Washington who at the end of the Revolutionary war was asked to be the next new king for the new United States such he was to have told then No and something along the lines of did we just not call to arms of every man or able body to stop the Immunities to become a King for by what you now so ask of me to be done all over again...No But Hell No..Reader of Imprimis
  • whigamore I don't... 2012/06/20 13:54:59
    whigamore
    +1
    As I said, his power -- his RIGHT -- under the Constitution to completely, partially, conditionally or unconditionally pardon, reprieve or grant amnesty to these people is there, in black and white. It was THE FRAMERS who wrote it. He does not legally need Congress. Get over it.
  • Arya 2012/06/20 04:51:48
    It's about time! Presidents have no power to govern by Executive Order. Not i...
    Arya
    +3
    Utterly Foul.

    Experience hath shewn, that even under the best forms (of government) those entrusted with power have, in time, and by slow operations, perverted it into tyranny”
    ~Thomas Jefferson
  • Annette 2012/06/20 04:46:50
    It's about time! Presidents have no power to govern by Executive Order. Not i...
    Annette
    +2
    The express intent of Executive Orders was not to rewrite, misconstrue, or change in any way the written law within the Bill of Rights or the Constitution of the United States. To try and institute a law that has already been voted upon and defeated is clearly out of all context within the guidelines of what Executive Orders are supposed to be used for.

    0vomit should be ridden out of town on a rail, tarred and feathered along the way, and if in the process somehow ends up being drawn and quartered for his abuse; well maybe he made his own bed? He is becoming a more than obnoxious tyrant! All his narcissism is coming into full view as this election grows nearer! He is a traitor to any and every common law of decency we have ever had, and is by far the worst mistake this country has made in a long, long time. Oh, we have made plenty of mistakes along the way, but this jackass is by far one of the absolute worst!
  • zapped Annette 2012/06/20 05:17:16
    zapped
    +3
    this last exe order is a example of what an exeustive orders powere "shouldnt be used for "

    and he needs to be made an example of ....as King indicated ....this is truly an abuse of those powers ....

    I commend Mr King of this move of his ,, and hope Mr Soetoro is brought down many peg's and impeached ...

    then Mt Soetoro has said many a time he will rule under exeuctive order if necessary ..

    and this has made in an essence a dictator //!
  • JohnT 2012/06/20 04:36:36
    Don't overreact. This Executive Order does not go beyond ordinary Presidentia...
    JohnT
    +1
    I don't know legally or otherwise whether he has gone beyond the scope of his authority, and I don't think anyone here does either. I am certainly no constitutional scholar, and or a lawyer in congressional law so I shall step back and watch the fireworks.
  • zapped JohnT 2012/06/20 05:24:10
    zapped
    +2
    when it's suspected an abuse of exeuctive privledge ..I know the const , and UCMJ ,,and if ya read the paramaters of the president & his allowance of use of exeuctive orders ,this is on the outside of this powers ,,

    not just this time ,,but many others ,,now when a trusted senator ( 4 terms more than soetoro has had in any form of office ) and says this is out side of his powers ,,I trust him ..!

    now no president has used exeuctive order powers an declaring amnesty ( or stopping deportation ) of illegals ...so he's made a ruling " dictator " ruling !
  • Idiot r... JohnT 2012/06/20 12:09:09
    Idiot repubs
    +1
    Probably the smartest thing I've seen on this site today.
  • Elementer 2012/06/20 04:00:18
    Don't overreact. This Executive Order does not go beyond ordinary Presidentia...
    Elementer
    +1
    Thanks for making your poll balanced rather than bias. I think people are overreacting a bit to this.
  • Matt Gray 2012/06/20 02:08:10
    It's about time! Presidents have no power to govern by Executive Order. Not i...
    Matt Gray
    +4
    I see no reason to be upset about someone wanting to take the high road and stop Obama from tearing this nation apart before he leaves office. First off his executive order was illegal per our constitution. Secondly Mexico publically thanked Obama for the order yesterday....that's insult to injury....pretty much a real life diplomatic facepalm. Lastly this is exactly like Obamacare...the wrong path for America. We need these reforms....but we need them done right the first time. Go Steven King!
  • Michaelene Matt Gray 2012/06/20 12:50:31
    Michaelene
    +1
    Of course Mexico is thankful, America is taking good care of Mexican citizens and Mexico definateatly needs the billions sent by their own citizens to their homeland.
  • Leasheryn/Lady Willpower 2012/06/20 01:48:09
    It's about time! Presidents have no power to govern by Executive Order. Not i...
    Leasheryn/Lady Willpower
    +5
    Bammy has overstepped way too many boundaries. It's about time he was reigned in.

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