Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Presidential 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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… Congress and POTUS are heading for a confrontation [#Gitmo detainees]…

Posted by paulfromwloh on Tuesday,October 11th,2016

.. POTUS wants to close the Gitmo Bay detainee camp . Congress does not . God knows there is a difference of opinion..

.. However , there has been a law passed to stop the expenditure of funds to transfer the detainees to anywhere in the U.S. . Plain and Simple . So POTUS cannot do anything about it ..

.. Unfortunately , this POTUS has a habit of taking ” executive actions ” to get his way . yes , He is that pigheaded . However , doing so in this case is risking a constitutional confrontation with Congress ..

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

.. POTUS has had a habit of baiting Congress with his actions . He is daring Congress to impeach him . If he pulls a stunt like this , he just may well get his wish …

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… What I Think : Executive Amnesty [#Presidential Acts]…

Posted by paulfromwloh on Friday,August 26th,2016

.. before , I referred to the Presidential act to eliminate the legal liability ..

.. this post is something else …

.. this adds on to what POTUS is proposing to do with his ” Executive Amnesty ” plan …

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

.. what POTUS is proposing to do , in addition to eliminating the legal liability of an individual illegal immigrant , is 1000% illegal and unconstitutional …

.. why ?? ..

.. [-] there is no authorization in the law for the programs that he has created [such as D.A.C.A.] , or others that he wants to create …

.. [-] any funds handled by the government are by definition , federal funds . It does not matter whether they are gathered and collected by taxes or fees …

.. [-] in addition , those fees are also not authorized by law , either …

.. [-] Presidents have explicit and implicit authority in the Constitution . Beyond those powers , however , their powers are extremely limited . Their job is to carry out the laws ” faithfully ” that are passed by Congress and signed by him / her …

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… It is An Abuse of Power [Obama ‘ s Abuse of the ” Pardon ” power] …

Posted by paulfromwloh on Thursday,May 1st,2014

.. what Bill Clinton did at the end of his time was distasteful . It may have been borderline illegal . However , it may well be kosher …

.. with Barack Obama , it is a different story ..

.. [h/t — NiceDeb]..
.. [link] to Megyn Kelly ‘ s interview footage with former federal prosecutor Andrew McCarthy ..

.. I would highly recommend that you watch the interview footage . It is an intriguing interview , and very opinionated . I agree with Andrew , it is a gross abuse of the pardon power …

.. if POTUS wants to change the law , then he should submit the changes that he would like to see happen to Congress . He should learn how to bargain and reach for what he really wants . He does not have to grossly abuse the powers and duties of his office to pull stunts like this piece of crap …

.. the numbers on this one could really get out of hand . I am thinking that it could soar into the tens of thousands . When Jimmy Carter issued conditional pardons to Vietnam – era draft evaders and resistors , the numbers reached up to near 45 , 000 . There have been more , though ..

.. The times after our Civil War were something to behold . President Lincoln had been assassinated , just 5 weeks into his second term . What most had not realized at the time (immediately) was that he had run on a Union ticket with Tennessee Democrat Andrew Johnson . When Lincoln died , Johnson became President . The strife that marked his term was immense . When he was about to leave office , Johnson did something that was gutsy . He pardoned all of the Confederate army veterans . All of them . Estimates ran to about 750 , 000 men that were pardoned . There was nothing that Congress could do …

.. Ironoically , given the calls post – war , there was only one Confederate soldier who was tried by military tribunal for war crimes … Major Henry Wirz , the commander of the Andersonville prison camp in Georgia , was the one and only one who was tried . He was convicted and was subsequently executed for his acts …

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… It is Constitutional , You Damn Idiot [#Cruz – Schumer Iran Hostage Visa Bill] …

Posted by paulfromwloh on Friday,April 25th,2014

.. it seems like His Lordship (Obama) is having a hissy fit ..

.. Congress passed a bill , 535 to zero . So , what does POTUS do ? …

.. He says that he will not enforce it ….

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

.. guess what , POTUS ? … It will be See You in Court …. Rapidly .

.. first , the text :

By now you probably know about Hamid Abutalebi. He’s the would-be diplomat whom Iran wanted to send to the United Nations – but whom Congress blocked, on a strongly bipartisan vote, because he was among the terrorists who helped take Americans into captivity in the Iranian hostage crisis of 1979.

Today, President Barack Obama signed Congress’ bill into law – and then immediately appended a signing statement informing the world he would not enforce the law he’d just signed.

“Acts of espionage and terrorism against the United States and our allies are unquestionably problems of the utmost gravity, and I share the Congress’s concern that individuals who have engaged in such activity may use the cover of diplomacy to gain access to our Nation,” Obama wrote.

“Nevertheless, as President [George H.W.] Bush also observed, ‘curtailing by statute my constitutional discretion to receive or reject ambassadors is neither a permissible nor a practical solution.’ I shall therefore continue to treat section 407, as originally enacted and as amended by S. 2195, as advisory in circumstances in which it would interfere with the exercise of this discretion.”

In other words, Obama is saying he intends to treat the bill, which bars Abutalebi from entering the U.S., as a piece of advice and nothing more, using as a pretense a Bush I precedent that emanated from a squabble with Congress over dictating to the President a job the Constitution already empowers him with carrying out.

The bill barring Abutalebi from setting foot on U.S. soil was authored by Senator Ted Cruz (R-Texas), and received strong support from both side of the aisle. Senator Charles Schumer (D-N.Y.) didn’t hesitate to use language so strongly condemning Abutalebi’s nomination that Cruz himself might as well have spoken the same words.

Iran’s foreign minister responded to the vote by calling Congress a pack of “radicals,” reaffirming in the process that Congress had made the right call from the start.

With Obama’s ambivalent action today, Abutalebi appears to be headed, illegally, to the U.S. as the Iranian ambassador to the UN. But it’s doubtful at this point that he’ll be deported.

.. Now , back to me :

.. dumb – dumb , your constitutional power to receive ambassadors refers to Ambassadors to the United States , stupid , not Ambassadors of a nation to the United Nations . Slight difference , doufus ! …

.. the United States has the rights under the Headquarters Agreement with the U.N. to regulate visas for U.N. Ambassadors . We always have . It is one that has been done with great care , and other nations (even ones with which we [the U.S.] do not have relations) do not do stupid things by nominating ambassadors that will intentionally piss us off . It just is not done .

.. those nations will put ” illegals ” [intel agents undercover as diplomats] on their diplomatic cover . Guess what , so do we . It is part of the diplomatic process . You just make sure that your ” diplomats ” do not get caught . If they do , then it is bye – bye time ! …

.. if he tries to not enforce this one , and let this guy in anyway , there is going to be an uproar over it . Also , there will be a lawsuit , probably by the House of Representatives . I doubt that any private citizen would have standing to enforce it . Congress is going to have to do it . The Senate will not …. Dingy Harry will cover his Lordship ‘ s backside (but maybe not on this ?) …

.. there might even be calls for impeachment in the House , as well . That would not surprise me at all . Given his executive misconduct and abuses of power , he deserves it . But , it takes a spark to provoke it . This one would be a doozy , and just might do it …

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