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Entries in Constitutional Laws (1)

Friday
Nov212014

Confused on Obama Immigration Executive Order?

Here is a liberal, Democrat that I have debated politics with for many years. He, like so many on both sides need a refresher course in the U.S. Constitution 101. He emailed his understanding on Fox News coverage after Obama's November 20, 2014 announcement of his Executive Order on Immigration: 

"I watched good ol’ right-wing FOX News last night to get both sides of Obama’s Immigration Proclamation and soon discovered that most the commentators, instead of waving torches & pitchforks, just don’t believe that he violated the Constitution or any other Federal Laws. They called him all kinds of names of course (except for the N word), but as they say, “Sticks and stones…” As for that Teabagging Texan: Louie Gohmert (who looks like his name sounds) well he went a bit off his rocker blaming that product of miscegenation [racial segregation] for the destruction of our sacred Constitution, the Ebola pandemic, ISIS @ the Texas/Mexican border and the demolition of the Alamo by illegal aliens. The poor guy needs a cowboy hat…" --Steve W.

Many voters are confused when hearing de facto immigration amnesties were awarded by both Presidents Reagan and H. W. Bush which were Presidential Executive Orders proclaimed constitutionally legal. Now, Obama acting on his Executive Orders for passing immigration amnesty into law himself has no constitutional authority or legality. Some voters haven't fully understood what happened when Obama enacted his Presidential Executive Order. So what is going on here? It's very simple if you get through the CBS, CNN and Fox News political hype.

President Obama has been frustrated that no Bill for an Immigration Law was passed by the Congress and Senate since 2008 when he has been in office. So, Obama decided that 2014, after his final Presidential Election and the Midterms to avoid obvious heated political angst, was a perfect time to "enact" (the big key word here) his own Immigration Law by Executive Order. There is only one problem, the "President has no authorization to legislate (make) or enact (pass) any laws." He can only use his own Presidential pressure politically, a bully pulpit like all the other Presidents, to push any Bill passed through both the House of Representatives and Senate of Congress to his desk.

So now, Congress is the legislative body that has sole power to enact laws that go onto the President's desk to sign it or veto it--that's Obama's sole role. Within his Presidential Executive powers, he governs by Constitutional laws that allow certain discretions to amend, addend, clarify or extend the conditions within the adopted Bill he signed into law which still can be overridden by another branch of government. 

Now you can see how an "enacted law" is the body of a law adopted by the people or legislative bodies. They include: Constitutions as adopted by the people; Statutes (ordinances/laws) passed by legislative bodies; and Regulations passed by administrative bodies that have the force of law. The President can in the end of all the legislation, by "law-makers", either choose to accept or reject their Bills.

While a president's executive power is broad, it is not without limits. The Constitutional system of checks and balances provides both the judiciary and Congress with power to override executive actions; i.e., by a Supreme Court decision or a 2/3 Senate majority.

So, the power of the purse is the ability of Congress to manipulate and control the actions of the President by withholding funding, or putting stipulations on the use of any federal funds by having control over budgets and taxation. NOTE: It does not mean closing down the entire government as President Obama screams out loudly about the "close-down boogeyman" to scare the "stupid" voters while burning the "Party of No" pejorative with red-hot branding irons into the hide of Republicans. 

Our U.S. Constitution needs to be taught to every immigrant if they are to understand why they flock over the border fences to live here to make a better life - It all starts by learning to speak and read English. - ¿Sabes cómo hablar y leer Inglés?