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SCOTUS to Hear on Obama's Executive Order
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1/20/2016 10:39:09 PM
Posted: 12 months ago
The Supreme Court of the United States is going to examine the executive actions performed by Obama concerning immigration.
I am more than happy this case has made its way through the Circuits and Districts to SCOTUS; it was good enough to cause all other juries to question the constitutionally of the DAPA/DACA expansion" progress is finally being made.
Obama had no legal right to rewrite the laws of immigration, both in 2012 (DACA) and 2014 (DAPA/DACA expansion). There is an obvious violation of the separation of powers here.
According to Article 1, Section 1 of the Constitution: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
And Article 1, Section 8: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Legislature is the making and passing of laws. The Constitution clearly mandates that this responsibility lies with the congressional body of elected representatives: The House and The Senate. The President is in neither if these two elected sectors, and thusly is not a member of Congress. Therefore, the President cannot alter or make laws. However, when Obama used his executive order with regards to immigration, he did exactly that.
The duties of the President, as outlined in the Constitution, are as follows:
Article 2, Section 2.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."
Article 2, Section 3.
"He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."
There is no specific duty regarding the President and his use of Executive Order and his ability to make laws. The Executive Order is actually not outlined in the Constitution at all, for that matter.
I digress. What are your thoughts on this hearing?
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