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Old November 19th, 2014, 01:43 PM   #1
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Legal Panel At Federalist Society Begrudgingly Accepts Obama's Immigration Powers

Legal Panel At Federalist Society Begrudgingly Accepts Obama's Immigration Powers

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. . .
Before the crowd changed into black tie attire for Alito's appearance, however, a smaller panel convened under the title, “Federalism: The President’s Duty to Take Care That the Law be Faithfully Executed.” Panelists discussed major confrontations between the branches of government, from enforcement of marijuana law and the implementation of health care to Obama's impending executive order on immigration.

The talk was, well, lawyerly. Every conclusion seemed to have a qualification attached to it. But, by and large, the panelists agreed the president has wide legal latitude to prioritize and shape deportation laws, as regrettable for Republicans or the long-term balance of powers that may be.

“I think the roots of prosecutorial discretion are extremely deep,” said Christopher Schroeder, the Charles S. Murphy Professor of Law and Public Policy Studies at Duke Law School. “The practice is long and robust. The case law is robust. Let me put it this way: Suppose some president came to me and asked me in the office of legal counsel, ‘Is it okay for me to go ahead and defer the deportation proceedings of childhood arrival?’ Under the present state of the law, I think that would be an easy opinion to write. Yes.”

Schroeder was speaking specifically about the deferred action program that Obama already has put into place -- the one affecting so-called Dreamers who were brought to the U.S. as children. But later, Schroeder expanded his legal reasoning.

“I don’t know where in the Constitution there is a rule that if the president’s enactment affects too many people, he’s violating the Constitution,” Schroeder said. “There is a difference between executing the law and making the law. But in the world in which we operate, that distinction is a lot more problematic than you would think. If the Congress has enacted a statute that grants discretionary authority for the administrative agency or the president to fill in the gaps, to write the regulations that actually make the statute operative, those regulations to all intents and purposes make the law.

“I agree this can make us very uncomfortable. I just don’t see the argument for unconstitutionality at this juncture,” Schroeder added.
. . .
If two white presidents did it, then this black president can.
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Old November 19th, 2014, 02:12 PM   #2
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Legal Panel At Federalist Society Begrudgingly Accepts Obama's Immigration Powers



If two white presidents did it, then this black president can.
why does race matter?
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Old November 19th, 2014, 02:59 PM   #3
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That was a really good article and extremely informative.
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Old November 19th, 2014, 03:41 PM   #4
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why does race matter?

Because he is a demented racialist. Who esle talks race, and race baiting, in nearly every post, but LongWinded.

He only cares about these immigrants so long as they'll vote Democrat, which is all that matters to his Marxist ideology. The nation be damned.


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Old November 19th, 2014, 04:21 PM   #5
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More on this from the Washington Post.

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UPDATE: I should have clarified that Christopher Schroeder, who supplied the remarks I block-quoted above, is not a conservative. But other members of the Federalist Society panel agreed with him. The second lawyer I quoted on the fact that Congress should clarify Obama’s authority if it doesn’t like this action, who also agreed with Schroeder, also accused Obama of “destabilizing the republic.”

Also, Stein did note that these lawyers weren’t necessarily speaking for the Federalist Society. But as Stein reported: “by and large, the panelists agreed the president has wide legal latitude to prioritize and shape deportation laws.”

http://www.washingtonpost.com/blogs/...ions-is-legal/


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Old November 19th, 2014, 05:00 PM   #6
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Yup, that was in the article. And doesn't do anything to change that they still think that the President can do it.
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Old November 20th, 2014, 12:02 AM   #7
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why does race matter?
I think because the republicans hate to look as stupid as they do when they confront the President.
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Old November 20th, 2014, 12:03 AM   #8
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That was a really good article and extremely informative.
I liked it. I thought it explained the situation well.
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Old November 20th, 2014, 03:43 AM   #9
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It really did. How long does one have to wait for Congress to address one of the biggest problems this nation has, before doing something to address it with an executive order. If anything, it will get Congress off their lazy asses and they will legislate and govern for a change.
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Old November 20th, 2014, 04:35 AM   #10
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Isn't this the same Legalist panel you cited that said Obama's recess appointments were legal

how did that work out.. wait Obama lost that case 9 to 0.


I am not sure I would be so quick to use them as a resource again. But you did.
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