Finally! A federal judge finds Obama amnesty unconstitutional. Now what?

A federal judge in Pennsylvania just got hit by a Bravo-Foxtrot-Oscar (Blinding Flash of the Obvious) and I certainly hope it spreads across the country.

As reported by the Washington Times, “A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.”

“Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president. “President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote. The judge also said the policy allows illegal immigrants “to obtain substantive rights.”

Boy, am I glad I took civics. We’ve said here on countless occasions that President Obama’s unilateral executive action violated Article I, Section 8, Clause 4 of the U.S. Constitution. It is not the discretion of the president to make laws on immigration as that clause states only Congress can make rules or laws regarding matters of naturalization – a power enumerated solely to the legislative branch. And a read of Article II doesn’t grant any “prosecutorial discretion” to the executive branch. The laws must be enforced and as Judge Schwab stated, perhaps there can be a debate as to the means by which the law will be enforced — but the president cannot make up his own laws.

Finally!

The Times says, “Mr. Obama’s policy would allow up to 5 million illegal immigrants to apply for “deferred action,” a proactive notice that they won’t be deported, and would grant work permits to allow them to compete for jobs legally.”

This is an incredibly huge overreach of his enumerated executive power — and being impatient or not wanting to “break up families” does not warrant his disregard of the law.

However, as the Times reports, “Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.”

And of course it does establish a judicial precedent on this topic — as well as others. So I suppose we should send a note to Gwyneth Paltrow that in a Constitutional Republic we don’t just allow the president to do whatever he wants – that’s called the rule of one, a dictatorship.

However, don’t think for a minute this ruling is going to be accepted by the progressive socialist left. The Times says “immigrant rights advocates said the ruling was a shocking overstep of the court’s authority. Indeed, the Obama administration has argued in federal court in Washington that judges have no power to review the president’s decision-making.”

“I believe that these are the people who didn’t pass their civics class — they certainly haven’t read the Constitution nor do they comprehend the separation of powers or the system of checks and balances.

For the left, the reason they try to rack and stack the courts is because they think it’s supposed to be a rubber stamp for their agenda. Even President Franklin Delano Roosevelt sought to “fundamentally transform” the Supreme Court and stack it in his favor.

And we saw Senate Majority Leader Harry Reid change the 60-vote threshold to a simple majority in order to pass through the executive branch judicial nominees — what is their mission? Well, it’s certainly not to interpret the law but rather judicial activism and legislating from the bench. Judge Schwab did exactly what the Founding Fathers meant for federal judges as articulated through Article III — outlining the duties and responsibilities of the Judicial branch.

What we are witnessing is a complete “fundamental transformation” of our system of coequal branches of government and the concepts which the author of our Constitution — James Madison — learned and adopted from Charles Montesquieu’s “Spirit of the Laws.”

Constitutionalism shouldn’t be a dirty word and we must strive to illuminate our Republic — not democracy — and what that entails, because if we do not adhere to our Constitutional republican form of government, then what shall we become?

This is why the coming 2016 election cycle is about far more than just a presidential election — it is about our system of governance. And it is imperative that we have a candidate who can simply articulate the dangers of the path we are on in America, not just for D.C. insiders or political pundits — but for the average everyday American, regardless of race, gender, or age.

Just as Barack Obama was able to enrapture a nation and firmly stated that “we are five days away from fundamentally transforming the United States,” we must have a charismatic leader who can state that “we are just days away from reversing the fundamental transformation of the greatest nation the world has ever known.” And crowds must understand what that means and how it affects their daily lives — and the lives of their children and grandchildren.

So, I challenge all of us parents, lets start talking to our children about the Constitution and sharing it with them. Let’s make it an occasional dinner conversation – it’s just that important. Why is it necessary? So somebody doesn’t come along and lead us further down a road to perdition.

Words can sound very nice when delivered by a skilled orator — but there comes a time when you need to go back and read the words spoken and digest their meaning. The one great thing about the Declaration of Independence, the Federalist Papers, and the U.S .Constitution is that the words are easily comprehensible, concise, and relevant across the ages.

Thanks Judge Schwab for reminding us what the judicial branch is supposed to do — as according to Article III of our Constitution.

10 COMMENTS

  1. You know of most of us work long hours and often a 2nd job to have enough money for the basics. Obama does not seem concerned about all the time we have to spend away from our families including precious time with our kids. A large portion of our income goes to taxes while our idiot politicians spend spend spend. Send the illegals home! If we don’t pay our taxes or if we break other laws we face the consequences. Illegals and those who hire them need consequences too.
    It also sickens me that the children smuggled into the country are put in dangerous situations because of greedy politicians and family members using them for citizenship. Surely they have felt afraid and alone. This is a selfish sick world

  2. (Above)Gary from Salem, Oregon–seems to question a “Duel named president”–&
    Prior Facts show–that He’s not “Mickey Mouse, nor Barry Sotero, or Mr. Obama-!
    Are You Confused Yet-!? I’m a “Family Genealogist” with 3 Ancestors aboard the
    “Mayflower”-! There’s a good reason for my remarks about a “Tri-(?) president”-!
    Obama Sr. made sure that this president was a “Illegal-Son” by remaining married
    to his 1st Wife, “Kezia” back in Kenya as he signed a ‘worthless marriage-license’
    on Feb. 2, 1961 to 16 yr-old naïve Ann Dunham-! (“Bigamy is Forbidden by Law”
    in the USA-! ) If “Fraud” or “Misrepresentations” is present at the ‘Signing’ of any
    “Legal License or Document”–it renders that “Legal Document”–“Null & Void” at
    the time it’s signed–(Not when the “Fraud” is discovered-!) Thus Ann Dunham
    remains ‘unmarried’ when her “Illegitimate-Son” is born Aug 4, 1961-! In a “Legal
    Marriage” the Wife is “Legally-Given” her Husband’s Surname–to create a living
    “Legal-Partnership” & their “Legal Children” who are born, during that “Partnership”–
    receive & ‘Inherit’ their Father’s Surname-! (“Illegal-Children” DO NOT-! ) Because of
    Obama Sr’s “Fraud”–Ann is Never “Legally-Given” that Obama surname–& there’s
    no “Legal-Partnership”–thus, Ann’s Not “Mrs Obama” & She has No “Legal-Husband”
    & She ‘HAS’ no “Legal-Son”–who is “Legally-Surnamed”–Obama-! Her “Illegal-Son”
    does have a “1st Title-Right” to his mom’s maiden-name–“Dunham”-! Therefore, his
    ‘Real’ “Legal-Name” is–“Barack Hussein Dunham”–not Obama-! It’s a “Criminal
    Offense of Fraud” to “Misrepresent Yourself” on any “Legal Documents”-! But He’s
    won 2 Elections as Senator & as president–by using the “Wrong Legal-Surname” &
    He’s signed ‘Bills of Congress’ & 2 ‘Supreme-Court Appointments’ by using that
    same “Wrong Legal-Surname”–which “Voids” them ALL-! It’s Wrong to use a
    Stolen-Name–It’s “ID Thief” since that name also has a “Copy-Right Owner”-! (I”M
    Not a “BIRTHER”-! ) I Believe he was born in Hawaii–because I don’t believe that
    (two ‘cash-strapped’ College students can afford 2 Airplane Tickets half/round the
    world & back-! ) I worked to go thru college–& I enrolled & couldn’t even pay for
    a trip out of my state-! “Duped” by Obama Sr’s Lies–Ann thinks she’s married &
    makes a “Mistake” on her “Illegal-Son’s Certificate of Birth”–She “Signs it” & “Voids
    IT”-! Look at Certificate on the Internet–it’s signed–“Stanley Ann Dunham Obama”-!
    She signed it as being a ‘married woman’ to Obama Sr. & She WAS NOT-! She
    “Misrepresents Herself” as ‘being married’ & this “Misrepresentation”–“Voids” his
    Birth Certificate-! So–if her Signature was “Real or Forged”–it won’t change the
    Result–Since She wasn’t “Legally-Married” in the 1st Place-! Obama Sr’s “Fraud”
    Over-Powers ALL-! Her “Illegal-Son” & Ann are both victim’s of Obama Sr’s Lies-!
    The ‘Main-Thing’ is Ann’s “Illegal-Son” obtained a Surname–that he Never was
    “Legally-Given”-! ( And using that “Wrong Legal-Name”–“Voids” anything else that
    He “Signs” as “Legal Documents”-!) I Hope You’ll understand–what we’re looking
    at-! It won’t matter now where the president was born-! He won his Elections under
    the “Wrong Legal-Surname”-! “Voters” who Voted for a “Legally-Named”–“Barack
    Obama”–You Voted for a man–with that “Legal Name”–who died in Kenya in 1982–
    Since There’s NOT another man who had been “Legally-Named”–“Barack Obama”
    anywhere else in the USA–during those Elections-! There were “millions of votes”
    for the man–who died in Kenya & at least “50 Votes” for a (non-existent) “Mickey
    Mouse”–which they had to toss–since County Clerks couldn’t find a “Human” with
    “Hugh Mouse-Ears”-! But it’s “Strange”–we couldn’t find ‘One-Vote’ for “Barack
    Dunham”-! (The President Refused to “Vote” for himself-!) “Ignorance of the Law”
    –is No Excuse-! ( Judges have repeated This–Time & Again-! ) (Our U.S. “Fraud-
    Laws” have NEVER been ‘Repealed’-! I’ve used an example of a (non-existent )
    “Mickey Mouse”–who got votes in U.S. Elections-! So I compared it to a ‘Second’
    (non-existent)–“Barack Obama” who doesn’t “Legally Exist–by Existing Laws”-! )
    I’m sorry this is so long–but a Court-Case on this would last at least 6 weeks–&
    we’re covering over 6 years of Fraud-! But now–you need to see the Proof that
    Obama Sr. stayed married-! His 1st Wife stated this-! Grace “Kezia” Obama at
    age 70 (during her interview at London’s “Telegraph”) and she maintains “She had
    remained ‘married’ to Obama Sr. until his Death in 1982”-! (She’s the only Wife–
    that was ‘Present’ at Obama Sr’s Funeral’-! And Her Statement Verified that Ann
    Dunham ‘Never’ had a “Legal-Marriage”–because the “U.S. Bigamy-Law Stops It”-!
    On Page 126 of “Dreams of my Father”–Ann Dunham says “And there was a
    problem with your Father’s First Wife-! He’d Told Me that They were Separated”-!
    (‘ Ann now knows that He had lied about being “Divorced”-!) Do you question their
    Truthful Answers-!? (What does this do–to the Laws that Dunham has ‘Signed’-! )
    “Un-Repealed Laws have Consequences”-!

  3. Do what the people of Honduras had to do with RADICAL LEFTIST Manuel Zelaya – to have Zelaya removed from office as President of Honduras – to remain power – through his corrupt machinations in manipulating elections in his favor –

    Like Obama did for (2008 w ACORN) and 2012 – when a court order was required on the day of the 2012 presidential election – to ‘re-instate 75 Republican election officials, poll workers, poll watchers – who were physically assaulted to force them to leave and/or refused entry to the polling stations – in Philadelphia, Pennsylvania –

    as the means for obama and democratic party to trick-out the numbers on the Popular Vote in order to trick-out the numbers on the Electoral votes –

    that should have disqualified the democratic party’s candidate = Barack Hussein Obama – and is cause to completely DISSOLVE the Democratic party –

    along w the reports across The USA – in the early morning hours of election day – when votes for Republican Mitt Romney were being registered as votes for obama – in the manipulation of Voting Machines.

  4. What is “imperative” is to get the 2016 dream candidate.

    Where do we go, what do we do, where do we turn repubs wonder … better hurry up, get with the Dream, before ’16 arrives and you go under … View AmericaIdea for the 2016 Dream Candidate. (Second place is far behind).

  5. Obama has over stepped the authority of the POTUS with another excecutive order.
    Impeach Obama.

    Hey, Uncle Ruckus wow how clueless can you get. It’s the judicial branch that determines the validity in the rule of law. Not Obama, Not Reid Not Pelosi. Since your so fond of dictatorship move to Cuban I hear the weather is beautiful this time of year.

  6. It is about time, this should have happened after he made DACA the law of the land, when congress did nothing about it he got that inch he wanted now he wants the entire mile by trying to legalize millions of illegals.

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