Tuesday, December 9, 2014
OBAMA'S ILLEGAL EXECUTIVE AMNESTY: "CONGRESS'S REFUSAL TO ENACT THE POLICY PRESIDENT OBAMA PREFERS IS NOT 'SILENCE' OR A 'FAILURE'; IT REPRESENTS OUR CONSTITUTIONAL SYSTEM WORKING AS INTENDED". JAY SEKULOW, ACLJ CHIEF COUNSEL, TESTIFIED BEFORE THE JUDICIARY COMMITTEE DECEMBER 2. FOLLOWING MY EXCERPT HERE IS A LINK TO HIS WRITTEN TESTIMONY:
OBAMA'S
ILLEGAL EXECUTIVE AMNESTY:
"CONGRESS'S REFUSAL TO ENACT THE POLICY PRESIDENT OBAMA PREFERS IS NOT
'SILENCE' OR A 'FAILURE'; IT REPRESENTS OUR CONSTITUTIONAL SYSTEM
WORKING AS INTENDED". JAY SEKULOW, ACLJ CHIEF COUNSEL, TESTIFIED BEFORE
THE JUDICIARY COMMITTEE DECEMBER 2. FOLLOWING MY EXCERPT HERE IS A LINK
TO HIS WRITTEN TESTIMONY:
"Few enumerated powers are more fundamental to the sovereignty of
the United States than the control of the ingress and egress of aliens.
Over two hundred years ago, in 1787, Congress claimed exclusive
authority over naturalization, which was affirmed by the Supreme Court
in 1817...Beyond naturalization, the Supreme Court has recognized that
Congress has plenary power over immigration, and has said that 'over no
conceivable subject is the legislative power of Congress more complete
than it is over' immigration. Similarly, the Supreme Court has
recognized that it is Congress's exclusive authority to dictate the
policy pertaining to aliens'ability to enter and remain in the United
States. As Justice Frankfurter aptly said: 'policies
pertaining to the entry of aliens and their right to remain here are
peculiarly concerned with the political conduct of government. In the
enforcement of these policies, the Executive Branch...must respect the
procedural safeguards of due process. But that the formulation of these
policies is entrusted exclusively to Congress has become firmly embedded
in the legislative and judicial tissues of our body politic as any
aspect of our government'.
While the Court has clearly articulated that Congress has exclusive
authority to set immigration policy, the Supreme Court has expressed
that the President has inherent authority over immigration-related
matters that influence the nation's sovereignty and foreign affairs. But
the Supreme Court, in no ambiguous terms, has recognized Congress's
'sole[] responsibility' for determining '[t]he condition of entry of
every alien, the particular classes of aliens that shall be denied
entry, the basis for determining such classifications, [and] the right
to terminate hospitality to aliens.' In this vein, Congress also has
exclusive authority to determine through legislation when hospitality
should be extended to a broad class of aliens, such as through a
categorical use of deferred action.
The recent executive action defies
Congress's exclusive authority with the intention, as President Obama
has admitted, of setting a new policy and creating a new law. While
Congress has authorized various forms of discretionary relief, including
deferred, for specific categories of aliens, Congress has not
authorized such relief for the class President Obama targets, to parents
of United States citizens and lawful permanent residents. Moreover,
Congress's authorization of some forms of discretionary relief and
deferred action for narrow categories in no way signifies that Congress
acquiesced to the President setting his own broad new category,
especially because the category created by the President is comprised
solely of illegal aliens who are, under the present law, removable.
Critically, Congress's refusal to
enact the policy President Obama prefers is not 'silence' or a
'failure'; it represents our constitutional system working as intended".
LINK TO ENTIRE WRITTEN TESTIMONY: http://media.aclj.org/pdf/ Jay-Sekulow-Written-Testimo ny-on-Executive-Action.pdf WIth Ted Kucklick . Lou Pinheiro. Bama Geezer , Jack C Bates Jr., Jeff Salmon , Andy Noble , Celeste Greig , Mona Hansen, Anne Dunlap, John Branney, Jim Peden , Tony Bonfiglio, Rusty Humphries , George Fisher, Kai Chen , Ryan Gill , Kevin Fobbs , Joe Kidd , Orly Taitz , Colin Flaherty
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