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-Testimony-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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