Obama's actions lawful, top legal scholars say-

Discussion in 'Immigration' started by Gorn Captain, Nov 21, 2014.

  1. Gorn Captain

    Gorn Captain Banned

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    By Justin Sink - 11/20/14 10:40 PM EST

    The White House worked to bolster the legal case for President Obama’s immigration action Thursday night, releasing a letter from a group of prominent legal scholars arguing that the president’s moves were within his legal authorities.

    The group included three law professors from the University of Chicago — where the president taught constitutional law before his election — as well as Columbia University president Lee Bollinger, and renowned Harvard constitutional scholar Laurence Tribe.

    “While we differ among ourselves on many issues relating to Presidential power and immigration policy, we are all of the view that these actions are lawful,” the professors write. “They are exercises of prosecutorial discretion that are consistent with governing law and with the policies that Congress has expressed in the statutes that it has enacted.”
    Republicans have blasted the president’s moves, which would extend deportation relief and work permits to as many as 5 million illegal immigrants, as unlawful and unconstitutional.

    “President Obama’s executive amnesty violates the laws Congress has passed in order to create and implement laws Congress has refused to pass,” Sen. Jeff Sessions (R-Ala.) said in a statement.

    “This amnesty plan was rejected by the American people’s Congress,” Sessions continued. “By refusing to carry out the laws of the United States in order to make his own, the President is endangering our entire Constitutional order.”

    But the law professors argue that the “setting of removal priorities and the use of deferred action” had been “used many times by the executive branch under presidents of both parties, and Congress has explicitly and implicitly endorsed their use.”

    Separately, the Department of Justice on Thursday released the memo it prepared for the president on the legality of his proposed executive actions.

    The Justice Department concludes that the program, which will assist parents of U.S. citizens and permanent residents, would be “permissible exercises of [the Department of Homeland Security’s] discretion to enforce the immigration law.”


    http://thehill.com/homenews/administration/224964-top-legal-scholars-back-obamas-lawful-actions


    I find it remarkable that Republicans/conservatives didn't think that the President might actually consult with legal scholars and lawyers to see if what he plans is legal and would find a great number that agreed with him it was.

    I suppose their Obama hatred just blinded them into thinking "He'll commit a crime and think he can get away with it"....when the President JUST MIGHT (and obviously did) go to legal experts to see if it was legal and thus CRUSH (Mitch McConnell's favorite word) one of his opponents' talking points right out of the box.

    Notice in his whine, that Jeff Sessions doesn't say anything SPECIFIC that he claims the President is doing that is illegal or un-Constitutional.
     
  2. CircleBird

    CircleBird Banned

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    It's not legal. The president said that it exceeds his authority several times over the past few years.

    I am far from an Obama hater, but if the president had the authority to do this, he wouldn't have said it was beyond his authority to do it in 2011.
     
  3. RP12

    RP12 Well-Known Member

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    Bush discussed Torture with "scholars" as well and claimed it was legal.. What is your point? Care to share the opinions of "scholars" that are Progressive biased?

    - - - Updated - - -

    Pssst you are supposed to forget that ;)
     
  4. TexMexChef

    TexMexChef Well-Known Member

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    Law professors know the action is lawful. GOP knows it's lawful. The GOP has to say it is "unconstitutional" to defer their inaction.

    Sen. Hatch is a joke saying that this action will make it harder for GOP to work with the President...WTF?
     
  5. CircleBird

    CircleBird Banned

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    Why did the president say that this was beyond his authority in 2011? Was he ignorant or has his authority changed in some way?
     
  6. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    More than several, 25 times during speeches. What a great Constitutional Scholar eh? Must have read it was OK in the papers.
     
  7. TexMexChef

    TexMexChef Well-Known Member

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    Alberto Gonzales was far from a constitutional scholar. The US Supreme court ruled against Bush on torture. If the court finds this Presidential action unconstitutional sobeit. They have yet to rule the DACA EO unconstitutional.
     
  8. Riot

    Riot New Member

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    Of course they are. He is a lawyer. He knows how to bend the laws to get want he wants.
     
  9. Dutch

    Dutch Well-Known Member Past Donor

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    Lawful or not, we're getting ourselves five millions hard working, law abiding gardeners, taco makers, window washers, governesses, cabbage pickers... Who could be against that?
     
  10. Foolardi

    Foolardi Well-Known Member Past Donor

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    Legal scholars from the University of Chicago ... eh ?
    That's like saying you can Indict a ham sandwich but only on the Sabbath.
    get it. The Sabbath is After hours.At sundown on a Friday.
     
  11. RP12

    RP12 Well-Known Member

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    I am sure a state Supreme Court Justice is versed in the Constitution....

    And he is now teaching Constitutional law. ( not that i agree with the torture memo btw)
     
  12. Dutch

    Dutch Well-Known Member Past Donor

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    Sen. Hatch is a joke? Was he too in 57 States?
     
  13. Foolardi

    Foolardi Well-Known Member Past Donor

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    What no Porters or baggage handlers.

    - - - Updated - - -

    If one would just bother to watch the movie - The Glass Wall - {1953}
    it is pretty straightforward. You Control Immigration. That's the whole Idea
    behind an Immigration law and an Immigration Dept.
     
  14. vino909

    vino909 Well-Known Member

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    Letters from 'scholars' don't mean (*)(*)(*)(*). Article 1 section 8 (4th item) is where it is written. That's all the proof needed. People should look it up. (Scholars should look it up too. ) ...and Obama taught Constitutional Law.... get your tuition back... you was robbed!! What he is doing is illegal.
     
  15. Foolardi

    Foolardi Well-Known Member Past Donor

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    Forgetting not who Obama's Favorite Law Professor was.
    one ... Derrick Bell,a staunch practitioner of Critical Race Theory.
    As was the Reverend Wright { The Obama's disgraced Pastor from Trinity Baptist in Chicago }
     
  16. Gorn Captain

    Gorn Captain Banned

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    You have your opinion....but what is your legal education?
     
  17. Dutch

    Dutch Well-Known Member Past Donor

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    ah, you're not happy with stereotyping? It's true. As for them being here well yes, but drain on this country they will be to much bigger degree, than before.

    And my kids are all grown up and are fine, thank you. Only one is Liberal and only because she's 19. Give it few more years :)
     
  18. Gorn Captain

    Gorn Captain Banned

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    And naturally what President Obama did last night is the legal and MORAL "equivalent of torture".
     
  19. Foolardi

    Foolardi Well-Known Member Past Donor

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    Obama was actually a " visiting " law professor.He was offered a tenureship but
    turned it down.We can't even find out what law books Obama reguired for any
    courses he taught.
     
  20. CircleBird

    CircleBird Banned

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    I am using the President's own opinion. I think I heard he is a lawyer who went to Harvard.

    Did he not say that this was beyond his authority in 2011? Was he lying or just ignorant?
     
  21. Gorn Captain

    Gorn Captain Banned

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    Notice Sessions couldn't point to anything SPECIFIC that was illegal or un-Constitutional.

    Despite his obvious genius. :)

    - - - Updated - - -

    So anytime a Republican or Rightwingers says "It's clearly illegal".....they are wrong. It's NOT "clearly" illegal, is it?
     
  22. RP12

    RP12 Well-Known Member

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    Nice strawman. Point went right over your head though. Not surprised in the least.
     
  23. Gorn Captain

    Gorn Captain Banned

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    Did he say previously...that what he proposed last night...was illegal or un-Constitutional? Precisely?
     
  24. CircleBird

    CircleBird Banned

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    He said that it was beyond his authority. People were asking him to suspend deportation for people not included in DACA. He said that it was beyond his authority to do so.

    Yes, he said it was beyond his authority. I am not interested in digging up proof for you, because I am comfortable with where I stand on this issue, and don't care where you stand really.
     
  25. Foolardi

    Foolardi Well-Known Member Past Donor

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    I think he just forget a ? at the end of his post.
    Then again ... ballbusting liberals forgit a lotta stuff.
    Like being in the Right.
     

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