Federal judge: Obama immigration actions 'unconstitutional'


A federal judge has declared parts of President Obama’s immigration executive actions unconstitutional, in the first court opinion to tackle Obama’s controversial policy changes.

In an opinion filed Tuesday, U.S. District Court Judge Arthur Schwab, in Pennsylvania, said Obama’s immigration actions are invalid and effectively count as “legislation” from the Executive Branch.

“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional,” the judge wrote.

The opinion, though, is unique in that it did not come in response to a challenge to Obama’s immigration policy announcement. It is unclear what impact, if any, the opinion might have other than to rally critics and fuel momentum behind other lawsuits.

Rather, Schwab issued his opinion in response to a criminal case against Honduran illegal immigrant Elionardo Juarez-Escobar, who was previously deported in 2005 – and was caught in the U.S. again earlier this year.

For that review, Schwab left open whether the actions might apply to Juarez-Escobar but determined the executive actions themselves were unconstitutional.


Wow, it looks like Federal judges aren’t even waiting for plaintiffs, they so want to be the judge that put a wannabe dictator in his place.


We call these activists judges, especially when they issue proclamations of their own from the bench that have no actual direct bearing on the case at hand.

I don’t know if you know this or not, but actual dictators don’t generally have term limits.


We call these activists judges, especially when they issue proclamations of their own from the bench that have no actual direct bearing on the case at hand.

Well if Congress wont do its job, judges have to step up. :smiley:

Oh, yes they do, in fact the original dictators in ancient Rome had very severe term limits.


Cincinnatus was dictator only for two weeks.


Cincinnatus was forced to live in humble circumstances, working on his own small farm, until an invasion caused him to be called to serve Rome as dictator, an office which he resigned two weeks later, after completing his task of defeating the rival tribes of the Aequians, Sabines, and Volscians.

Being a dictator is not about being a tyrant and so not all dictators are tyrants.

Obama has the authority of FDR during World War 2, meaning he can take control of any ‘resource’ i.e. property, business, material or labor if he has a recommendation from a secretary of his cabinet to do so. And with the Chicago machinations that run his administration, this is not much more than a technicality. But the fact is, unlike every previous President, Obama has war time powers during peace time non-emergency conditions, meaning anywhere, everywhere and at any time he can exercise the same war time powers that FDR once had.

Obama could order you to work without compensation in Gnome Alaska and you would have to do so or face unlimited punitive options available to the President under the Patriot Act. He can designate you a terrorist supporter, have you arrested without trial, suspend your rights to habeas corpus, held without communication to a lawyer, friends, family or press. You can be held in a non-disclosed location and face indefinite confinement. He can even have you executed as he has done to two US citizens already without trial.

Just because he hasn’t done it yet, as far as I know, doesn’t mean he cant. Bush had similar power in regard to the Patriot Act, but he did not have the war time powers that Obama has.

Obama’s issuance of his illegal immigrant ‘prosecutorial discretion’ that says yes, these people are here illegally but we wont arrest them as the law says we sh0ould, in fact we will treat them as legally here, is defacto change to the law that this judge has ruled against.

But of course, it is seen through a partisan prism. A Republican President can do no wrong in the minds of Republican partisans and the same goes for Democrats with Democrat Presidents.

But the fact is the Presidency is being slowly turned into a Dictator and the Powers That Be are OK with this because ‘it gets things done’.


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