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john w k

Obama’s threatened Executive Order amnesty would be a meaningless piece of paper!

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. There is an important principle of law that an unconstitutional act, although masquerading as “law”, “imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.” ___ 16 Am Jur 2d, Sec 177 late 2d, Sec 256 What this means is, if Obama should write on a piece of paper that millions of aliens who have invaded our borders and are here illegally should meet conditions arbitrarily decided upon by Obama, shall then no longer be subjected to deportation, that piece of paper would have no more legal force and effect than used toilet paper, and would provide no privileges or immunities to illegal entrants, nor protect them from future deportation. In fact, if Obama took this approach it would give illegal entrants and their families a false hope, and they would be in for a very, very rude awakening in the future! Of course, the above contention is based upon the assumption that our president is not vested with legislative powers. And this assumption turns out to be correct because Congress, the People’s elected Representatives from each State, are vested with the exclusive power to adopt legislation, and this includes legislating laws dealing with aliens and naturalization. On the other hand President Obama, under our Constitution, is specifically and emphatically commanded to be faithful to our Constitution and execute laws passed by Congress! The president is not vested with power to disregard the policy making decisions enacted by the People’s Representatives and supplant his own policy in its place. So why is our establishment media continually telling us Obama will be signing an Executive Order granting amnesty to tens of millions of illegal entrants this Thanksgiving day? Is our establishment media trying to convince us that if Obama pens an Executive Order as described above it would have the force of law, and these illegal entrants would no longer be subject to deportation under existing statutory law? Is it not crystal clear that if Obama does write an Executive Order as described above he would be engaging in an act of sedition? Why is our big media trying to brainwash us into thinking President Obama has authority to ignore our Constitution and statutory laws passed by Congress which deal with illegal entrants and naturalization, and supplant his own arbitrarily created legislation? And what about our law enforcement agencies across the nation? Are they to enforce Obama’s declarations or our Constitution and laws passed by Congress? As to the immediate action which the House and Senate should take if Obama does carry out his threat, Congress should pass a joint resolution declaring Obama’s Executive Order is unconstitutional, is an act of sedition, and it “imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.” By doing so, it would put our law enforcement agencies across America on notice to ignore Obama’s sedition, while likewise putting illegal entrants on notice that Obama’s unlawful act is null and void and provides no protection to them! JWK The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. ___ Madison, Federalist Paper No. 47

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Of course,...our president is not vested with legislative powers... because Congress, the People’s elected Representatives from each State, are vested with the exclusive power to adopt legislation, and this includes legislating laws dealing with aliens and naturalization. On the other hand President Obama, under our Constitution, is specifically and emphatically commanded to be faithful to our Constitution and execute laws passed by Congress! The president is not vested with power to disregard the policy making decisions enacted by the People’s Representatives and supplant his own policy in its place.

 

 

 

 

 

Congress' power to legislate is also a power not to legislate; they are one and the same.

 

Whether it pleases Obama or not, congressional inaction on the issue of illegal immigration expresses Congress' will, and carries with it the full force of Congress' legislative power under the Constitution.

 

 

 

Youngstown Sheet & Tube Co. et al. v. Sawyer (1952)

 

 

 

 

 

 

Justice Black:

 

 

In the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.

 

The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad.

And the Constitution is neither silent nor equivocal about who shall make laws which the President is to execute.

 

 

 

 

Justice Douglas:

 

 

 

The great office of President is not a weak and powerless one. The President represents the people and is their spokesman in domestic and foreign affairs. The office is respected more than any other in the land. It gives a position of leadership that is unique. The power to formulate policies and mould opinion inheres in the Presidency and conditions our national life.

 

The impact of the man and the philosophy he represents may at times be thwarted by the Congress. Stalemates may occur when emergencies mount and the Nation suffers for lack of harmonious, reciprocal action between the White House and Capitol Hill.

 

That is a risk inherent in our system of separation of powers.

 

The tragedy of such stalemates might be avoided by allowing the President the use of some legislative authority. The Framers with memories of the tyrannies produced by a blending of executive and legislative power rejected that political arrangement.

Some future generation may, however, deem it so urgent that the President have legislative authority that the Constitution will be amended.
We could not sanction the seizures and condemnations of the steel plants in this case without reading Article II as giving the President not only the power to execute the laws but to make some.

 

Such a step would most assuredly alter the pattern of the Constitution.

 

 

 

 

 

Justice Jackson:

 

 

 

When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb,
for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.

 

Courts can sustain exclusive presidential control in such a case only by disabling the Congress from acting upon the subject.

 

Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system.

 

The Executive, except for recommendation and veto, has no legislative power.

 

The executive action we have here originates in the individual will of the President and represents an exercise of authority without law
.

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Keep in mind that Obama’s tyranny cannot be carried out unless there are federal employees willing to do his bidding and subvert our constitutionally limited system of government.

 

To find out who would be in charge of carrying out Obama’s illegal amnesty in your state and the physical address of the facility CLICK HERE and scroll down to the map and click on your state. For example, if you click on Texas you will find there are six field offices:

 

Dallas Field Office

This office is located at: 6500 Campus Circle Drive East Irving, TX 75063.

 

El Paso Field Office

This office is located at: 1545 Hawkins Boulevard El Paso, TX 79925.

 

Harlingen Field Office

This office is located at: 1717 Zoy Street Harlingen, TX 78552.

 

Houston Field Office

This office is located at: 126 Northpoint Drive Houston, TX 77060.

 

San Antonio Field Office

This office is located at: 8940 Fourwinds Drive San Antonio, TX 78239

 

And if you click on the specific field office, e.g., the Dallas Field Office, you then find those who would be asked to enforce and carry out Obama's Executive Ordered amnesty. In this case that would be field office Director: Tracy Tarango, District Director: Lisa Kehl

 

These two would have to make a decision to obey Obama’s wishes, or obey our Constitution and statutory law.

 

It may be helpful to write a letter to the field officer director and district director in your state and remind them that they took an oath to be faithful to our Constitution, and not to a president who has decided to ignore our Constitution and impose his will upon the people. Obama’s tyranny cannot take place unless he has willing accomplices!

 

JWK

 

 

We are here today and gone tomorrow, but what is most important is what we do in between, and is what our children will inherit and remember us by.

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If John Boehner has any brains (debatable) he will already have a plan to deal with this. I would expect to see a statement within minutes of any Presidential amnesty along the following lines:

 

"We regard the President's action as meaningless, he has no such authority to make it. It is effectively non-existent and we caution anyone in the United States illegally that there is NO change in their status. Furthermore, if the President continues to act beyond the scope of his authority, he will be impeached and removed from office."

 

It's time for a full-blown constitional crisis. It should have happened long ago, the first time the President attempted to make one law while refusing to enforce others.

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Why Congress must adopt a joint resolution condemning Obama’s E.O. amnesty

 

 

An immediate joint resolution by Congress condemning Obama’s Executive Order amnesty would have a very important legal meaning involved with acceptance by acquiescence!

 

Congress, and only Congress, has power to enact law, and that includes law dealing with naturalization and illegal entrants. If Obama carries through with his E.O. amnesty threat and dictates a policy dealing with illegal entrants which is contrary to Congress’ intended legislation dealing with the matter, a failure of Congress to not adopt an immediate joint resolution condemning Obama’s Executive Order would be a signal that Congress is acquiescing and deferring to Obama’s Executive Order amnesty by its silence!

 

A House/Senate Joint Resolution in response to Obama’s E.O. amnesty condemning it and stating specific reasons for condemnation would preempt the argument of Congress’ acquiescence; it would establish a legally recognizable good faith effort in the matter on Congress’ part; it would provide a necessary legal tool to have the Court grant an immediate injunction against Obama’s E.O., and it would put illegal entrants on notice that Obama’s Executive order carries no weight and offers them no legal protection from being punished and deported in the future . . . forewarned is forearmed!

 

Let us see if our new Congress is willing to confront Obama, and carry out the will of the American People.

 

JWK

 

The Obama Administration is employing the same cowardly tactics used by the Hamas. It hides behind woman and children while flooding our country with the poverty stricken, disease carrying populations of other countries!

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Obama to divulge his decided actions dealing with illegal entrants on Thursday

 

SEE: President Obama to announce executive action on immigration Thursday

 

 

"According to a senior Democrat familiar with the plans, Obama will announce on Thursday that he is providing temporary protections to up to 5 million undocumented immigrants. His orders will make up to 4 million undocumented immigrants eligible for temporary protective status and provide relief to another 1 million through other means."

 

 

The question is, under what power delegated to the president under Article II of our Constitution may Obama grant “temporary protections” to up to 5 million foreigners who have invaded our borders?

 

Keep in mind Congress has been granted exclusive power to set public policy with regard to naturalization and aliens who enter our Country illegally. Perhaps I’m wrong but I suspect President Obama will not identify the delegated power contained in our Constitution during his announcement tomorrow which authorizes his stated actions. In fact I am almost certain Obama will merely say some such thing as he is acting under his “lawful authority as president” without identifying the wording in our Constitution which actually authorizes the President to do what Obama will allege he has power to do.

 

In response to Obama’s actions _ should he not identify the wording in our Constitution granting the power he will assume and exercise __ the House and Senate must immediately adopt a joint resolution declaring Obama's order to be without constitutional authority and therefore it “imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.” By doing so Congress would put our law enforcement agencies and administrative offices across America on notice to ignore Obama’s sedition, while likewise putting illegal entrants on notice that Obama’s order is null and void and provides no protection to them!

 

Finally, Congress’ next move would be to immediately file for an injunction to prohibit any federal or state agency to yield to Obama’s order while the constitutionality of Obama’s actions are being litigated.

 

JWK

 

"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)

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Since when does breaking the Constitution matter to Obama?

 

 

 

Now, more than ever, every concerned American Citizen must contact their members of Congress and demand that a House/Senate joint resolution is immediately adopted condemning Obama’s order as not being within the defined powers granted under our Constitution to the president __ See Article 2.

 

Additionally, Congress must also file for an immediate injunction in the courts prohibiting Obama’s actions to be enforced or carried out by any state or federal Agency until the constitutionality of Obama’s actions are litigated and determined.

 

Finally, State Governors, since they would be adversely effected by Obama’s usurpation of power legalizing millions upon millions of illegal entrants, they ought to be encouraged to immediately file a law suit against Obama’s order and also file for an injunction in the Untired States Supreme Court which has “original jurisdiction” in cases in which a state is party ___ See Article 3.

 

Preventing Obama’s usurpation of power to take effect is what we must focus on and we must encourage our Governors and members of Congress to act swiftly . . . before the tooth paste gets out of the tube!

 

Emails, tweets, phone calls to member of Congress and Governors, and countless calls to radio talk show hosts are some of the tools at our disposal. LET’S ROLL rather than stand by idle while our country is destroyed from within!

 

JWK

 

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. ___ Madison, Federalist Paper No. 47

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