Obama's Illegal Immigrant Policy Unconstitutional

[pspr]

Two law professors, including one who served in the Bush Justice Department, have published a paper charging that President Obama violated the Constitution with his directive to law enforcement not to deport illegal aliens.

In the paper entitled, “The Obama Administration, the Dream Act and the Take Care Clause,” authors Robert Delahunty of the University of St. Thomas [Minnesota] and John Yoo, a law professor at University of California at Berkeley and former U.S. deputy assistant attorney general, blast Obama's moratorium on deporting certain illegal immigrants. The professors dismissed the idea that the decision on whether to deport illegal immigrants who are arrested for minor infractions is a matter of prosecutorial discretion.

“It’s the duties of the president. He must always uphold the law.”

“If there’s one case and it’s left to the prosecutor well that’s fine, but what Obama did was take a million cases and leave it up to prosecutorial discretion, “John Yoo said to FoxNews.com. “The only reason it’s under [Department of Homeland Security Secretary] Janet Napolitano’s discretion is because Obama had made his decision. If she’s doing it under her own, she would have to be fired.”

An abstract for the paper debunks the claim that the president has the Constitutional (authority) to not enforce civil laws crafted and passed by Congress.

“It’s the duty of the president. He must always uphold the law,” Yoo said, adding that the only exceptions in doing so are if laws are unconstitutional or if prosecuting them can be reasonably deemed not viable.

Read more: http://www.foxnews.com/us/2012/10/1...stitutional-say-law-professors/#ixzz29BrgSeBj

 

[tomdavis]

Has anyone challenged Obama in court? Until then, it's just an intellectual exercise.

 

[pspr]

If he gets a second term it will be. If not, Romney will just end it and restore some integrity to the White House.

 

[AAAintheBeltway]

There is no real avenue to challenge this policy in court. The only people who would have a claim would be someone who was harmed by the policy. If an illegal is going to be deported, he has a case that a court will hear after he has exhausted administration appeals, but for an ordinary citizen who is upset with a clearly unconstitutional policy, there is no right to go to court. It is similar to the argument over birth citizenshio for children of illegals, whch many believe is a misinterpretation of the 14th Amendment.

It seems crazy but the courts will only hear a case brought by a litigant who has a personal stake in the dispute.

The only way for obama to be challenged is by the congress, either through its control of appropriations or through impeachment.

 

[L-Kabong]

This from Mr Woo who, architect of legal rationale for torture.

Maybe this Obama policy is torturing the poor gook.

 

[L-Kabong]

Quote from AAAintheBeltway:

There is no real avenue to challenge this policy in court. The only people who would have a claim would be someone who was harmed by the policy. If an illegal is going to be deported, he has a case that a court will hear after he has exhausted administration appeals, but for an ordinary citizen who is upset with a clearly unconstitutional policy, there is no right to go to court. It is similar to the argument over birth citizenshio for children of illegals, whch many believe is a misinterpretation of the 14th Amendment.

It seems crazy but the courts will only hear a case brought by a litigant who has a personal stake in the dispute.

The only way for obama to be challenged is by the congress, either through its control of appropriations or through impeachment.

Someone must be able to make a claim that the illegal immigrants infringe on certain consitutional rights of a citizen. Think about it.