Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘legal power’

… What I Think : POTUS & Exec Amnesty [#illegal immigration]…

Posted by paulfromwloh on Tuesday,December 13th,2016

.. let me start first , I am strongly in favour of legal immigration . I am also in favour of a great deal of expansion thereof …

.. however , I believe that our borders must be made as secure as possible , first , before doing so ..

.. then , and only then , can the legalization of illegal immigrants can and / or should be considered …

.. [h/t — Newsmax.com]..
.. [link] to the blog post …

.. this post will deal with the ” amnesty ” issue , first . Can POTUS do so ?? …

.. Yes , barely , but …

.. legally , he can eliminate the criminal liability for the act . That is covered under the pardons & reprieves clause of the Constitution . That act is one that POTUSes have had since the beginning of the Republic ..However , that does not cover the possibility of deportation .

.. The act of deportation is a civil act , not a criminal act . The individual illegal immigrant still carries the civil liability under immigration law for being in the U.S.A. illegally . Thus , they can still be kicked out , even if the criminal liability has been removed by a pardon or reprieve …

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… If There is No Legal Basis [for Exec Orders] …

Posted by paulfromwloh on Saturday,February 1st,2014

.. then , what is their legal foundation , if any .

.. this piece frames a substantive question from US Senator Mike Lee [R-UT] that was put forth in an oversight hearing in the Senate Judiciary Committee . AG Holder was , to say the least , on the hot seat . He could not provide any legal basis at all for many of POTUS ‘ EOs , especially his delay of the ObamaCrapCare employer mandate . If there was not any legal basis for them , then how are they legitimate at all …

.. [h/t —Washington Examiner] ..

.. [link] to the Congressional testimony . Watch the AG sizzile as he tries to explain the unexplainable acts …

.. the courts will give the Exec Branch a great deal of what it now known as ” Chevron deference ” in the interpretation and implementation of a law . That deference only goes so far . If it does not confer with Congressional intent , Congressional powers , and / or the explicit or implicit powers of the Executive , then No Soap ..

Posted in constitutional opinion, historical opinion, legal opinion, legal strategy, personal opinion | Tagged: , , , , , , , | Leave a Comment »