Amnesty
Nov 25, 2014 10:19:11 #
It is my understanding, if an executive order is based upon a statue, Congress can change the statue, thereby nullifying the order.
The only case in which Congress can not nullify an order is if the President is acting according to an exclusive power granted him by the Constitution.
The Amnesty order is not Constitutionally based. Congress has the power to repeal a p**********l order or terminate the underlying authority on which the action is based.
By the end of the 19th century the Supreme Court declared that congress had plenary power to regulate immigration. Derived from Article 1 section 8 of the Constitution. The doctrine is based on the concept that immigration is a question of national sovereignty , relating to a nation's right to determine its own borders and restrict entrance there in. The high court ruled: Over no conceivable subject is the legislative power of Congress more complete.
The President shall take care that the laws be fully executed. He can not pick and choose the laws he wants to enforce.
In 1996 Congress passed a law which requires federal immigration agents to deport i*****l i*******ts with few exceptions. The statutory language is mandatory. What ever prosecutorial discretion existed previously, was eliminated by the legislative act. The President is ordering the agents to break the law. He can not repeal this law by executive action. To do so would be lawlessness and a dereliction of duty.
Personally, I do not want to hear that congress can not repeal this executive order. They just need to tell the t***h. They do not want to solve this problem.
The only case in which Congress can not nullify an order is if the President is acting according to an exclusive power granted him by the Constitution.
The Amnesty order is not Constitutionally based. Congress has the power to repeal a p**********l order or terminate the underlying authority on which the action is based.
By the end of the 19th century the Supreme Court declared that congress had plenary power to regulate immigration. Derived from Article 1 section 8 of the Constitution. The doctrine is based on the concept that immigration is a question of national sovereignty , relating to a nation's right to determine its own borders and restrict entrance there in. The high court ruled: Over no conceivable subject is the legislative power of Congress more complete.
The President shall take care that the laws be fully executed. He can not pick and choose the laws he wants to enforce.
In 1996 Congress passed a law which requires federal immigration agents to deport i*****l i*******ts with few exceptions. The statutory language is mandatory. What ever prosecutorial discretion existed previously, was eliminated by the legislative act. The President is ordering the agents to break the law. He can not repeal this law by executive action. To do so would be lawlessness and a dereliction of duty.
Personally, I do not want to hear that congress can not repeal this executive order. They just need to tell the t***h. They do not want to solve this problem.
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