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Old 11-11-2014, 01:40 PM
 
10,545 posts, read 13,589,909 times
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Quote:
Originally Posted by Memphis1979 View Post
Is it a high crime or misdemeanor?

Nope. Congress writes the laws, the Executive executes the laws. If he says "No more deportation unless they have a felony arrest record" there isn't a damned thing Congress can do to stop him.
According to the original intent of the Constitution, they could, but they wouldn't.
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Old 11-11-2014, 01:41 PM
 
Location: New Hampshire
4,866 posts, read 5,680,652 times
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Abuse of power should be.

I must have missed the clause in the Constitution that gives the president the power to legislate through executive orders if Congress fails to pass a bill that he supports.

Too bad the cheerleaders think that is is okay to to do so and justify by saying he just had "no choice!".
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Old 11-11-2014, 01:43 PM
 
Location: Sango, TN
24,868 posts, read 24,399,838 times
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Quote:
Originally Posted by Rggr View Post
According to the original intent of the Constitution, they could, but they wouldn't.
The intent of the constitution was for the executive to execute the law, congress to write the law, and the judicial to interpret the law.

The President isn't mandated anywhere in the constitution to execute the law, and they can do so in however they deem necessary at the time. That is the power of the executive branch.

Now, if there were an amendment saying "The president must execute the law how congress deems to do so" then he would be breaking the law, but that isn't what it says.
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Old 11-11-2014, 01:44 PM
 
Location: Sango, TN
24,868 posts, read 24,399,838 times
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Quote:
Originally Posted by KickAssArmyChick View Post
Abuse of power should be.

I must have missed the clause in the Constitution that gives the president the power to legislate through executive orders if Congress fails to pass a bill that he supports.

Too bad the cheerleaders think that is is okay to to do so and justify by saying he just had "no choice!".
Its not abuse of power. He is, in fact, limiting the power his is wielding by saying he isn't going to enforce the law to the full extent.
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Old 11-11-2014, 01:45 PM
 
42,732 posts, read 29,894,256 times
Reputation: 14345
Quote:
Originally Posted by Spaten_Drinker View Post
Immigration policy falls under the powers of the Congress, not the Executive Branch. To usurp that authority is an impeachable offense.
If the President were to extend amnesty, it could be argued that his actions fall under the category of pardons. An exclusive and unimpeachable Presidential power.
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Old 11-11-2014, 01:47 PM
 
Location: Tyler, TX
23,861 posts, read 24,122,798 times
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Quote:
Originally Posted by Memphis1979 View Post
Congress writes the laws, the Executive executes the laws. If he says "No more deportation unless they have a felony arrest record" there isn't a damned thing Congress can do to stop him.
It's a shame that violating his oath of office isn't a crime.

It's REALLY a shame that he continuously flagrantly and blatantly violates his oath of office, and his supporters don't just look the other way, they actually cheer him on!
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Old 11-11-2014, 01:48 PM
 
Location: Sango, TN
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Quote:
Originally Posted by DC at the Ridge View Post
If the President were to extend amnesty, it could be argued that his actions fall under the category of pardons. An exclusive and unimpeachable Presidential power.
I am not sure he can grant amnesty. A pardon would be for citizens alone, correct, not "non citizens" as illegal immigrants would be.

However, he can stop deportation, which is fully within the bounds of his powers to do so.

From what I read, he isn't talking about amnesty, but he is talking about stopping deportation of illegal immigrants who have not committed a felony offense.
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Old 11-11-2014, 01:50 PM
 
10,545 posts, read 13,589,909 times
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Quote:
Originally Posted by Memphis1979 View Post
The intent of the constitution was for the executive to execute the law, congress to write the law, and the judicial to interpret the law.

The President isn't mandated anywhere in the constitution to execute the law, and they can do so in however they deem necessary at the time. That is the power of the executive branch.

Now, if there were an amendment saying "The president must execute the law how congress deems to do so" then he would be breaking the law, but that isn't what it says.
"High crime and misdemeanors" historically did not refer to necessarily the same things as we perceive them today. It also referred to political things such as corruption, maladministration etc. In the English Pariliament is had been used for things like misapproriating funds, hiring people that were not fit to serve etc. The term "maladministration" was proposed for the Constitution as was "against the state" as a follow up to the current clause. Amnesty for millions could certainly be considered as an offense against the state. The goal was to have impeachment be another of the checks and balances to serve as a check on the power of the executive branch not simply for crimes as we now refer to them.
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Old 11-11-2014, 01:50 PM
 
Location: Sango, TN
24,868 posts, read 24,399,838 times
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Quote:
Originally Posted by swagger View Post
It's a shame that violating his oath of office isn't a crime.

It's REALLY a shame that he continuously flagrantly and blatantly violates his oath of office, and his supporters don't just look the other way, they actually cheer him on!
What exactly is he violating with his oath? The constitution grants him and all Presidents the power not to execute a law passed by congress. That isn't breaking his oath.

Look, I'd be far happier if Congress took some power back and passed a damn immigration reform bill that increases the rate of immigration we have here, but they are unwilling to do so. The President sees it as a waste of money to enforce the immigration laws on people who have lived here peaceably for years and years, and its his constitutional right not to force them to deport.

If congress passes no law, in two years, a new President can continue that, or reverse that order.
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Old 11-11-2014, 01:51 PM
 
Location: Sango, TN
24,868 posts, read 24,399,838 times
Reputation: 8672
Quote:
Originally Posted by Rggr View Post
"High crime and misdemeanors" historically did not refer to necessarily the same things as we perceive them today. It also referred to political things such as corruption, maladministration etc. In the English Pariliament is had been used for things like misapproriating funds, hiring people that were not fit to serve etc. The term "maladministration" was proposed for the Constitution as was "against the state" as a follow up to the current clause. Amnesty for millions could certainly be considered as an offense against the state. The goal was to have impeachment be another of the checks and balances to serve as a check on the power of the executive branch not simply for crimes as we now refer to them.
As I said, I don't think the President can, unilaterally, grant amnesty. He can stop deportation.
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