[identity profile] ricomsmith77.livejournal.com posting in [community profile] talkpolitics
Originally posted by [livejournal.com profile] ricomsmith77 at "The President's New Groove"
The fire has been lit.  The bull has been let loose.  The well has been poisoned.  The country has exploded.

fn111414a

Yesterday, President Obama decided to test out all of those Republican talking points by issuing new Executive orders to help fix our broken immigration system.  He defied all the pundants and opposition to his orders by doing something that this country has needed to do for quite some time now.  He has been asking Congress to pass a bill to fix the problem for almost 2 years now, but the House of "so-called" Representatives refuse to put up the Senate bill that was passed with overwhelming bi-partisian support.

FinalImmigrationVote

Now the Republicans are crying foul and are threatening payback for the President's actions.  Just this morning, the GOP led House decided they were going to sue the White House over delaying the employee mandate in the Affordable Care Act, more commonly known as "Obamacare."  They don't think that he can pick and choose what parts of the law he can enforce.  But the U.S. Constitution gives any President full authority to implement a law any way they choose, so long as they don't change the actual law itself......that would require approval from Congress.

10-14-13
As far as what the President can do, he is able to veto any laws that come from Congress.  If the President approves of the legislation, then he will sign it into law.  If he does not approve, then he must return the bill, unsigned, within ten days back to Congress. The President is constitutionally required to state their objections to the legislation in writing, and the Congress is constitutionally required to consider them, and to reconsider the legislation.  This action, in effect, is a veto.

If the Congress overrides the veto by a two-thirds majority in the House and Senate, it becomes law without the President's signature. Otherwise, the bill fails to become law unless it is presented to the President again and then he chooses to sign it.

obama-signing1

The next two years will be President Obama's most challenging.  He will have to deal with people who have been hell-bent on making him a failure and to undermine anything he wants to do to help the country.  He will be vetoing bills left, right and center, and he will be issuing Executive orders more than any point in his time in office.

But as we've seen lately, Mr. Obama has got his groove on......
Obama_x_KRIT-copy

......he's just needs U.S. to have his back!

(no subject)

Date: 21/11/14 23:59 (UTC)
From: [identity profile] policraticus.livejournal.com
A country of men, not laws, amirite?

What could possibly go wrong?
Edited Date: 22/11/14 00:43 (UTC)

(no subject)

Date: 22/11/14 02:28 (UTC)
From: [identity profile] mikeyxw.livejournal.com
Gathering consensus is rather inefficient.

(no subject)

Date: 22/11/14 04:36 (UTC)
From: [identity profile] policraticus.livejournal.com
I think that has been the argument of quite a few leaders faced with legislatures unwilling to follow their lead.

You have sat too long for any good you have been doing lately ... Depart, I say; and let us have done with you. In the name of God, go!

(no subject)

Date: 26/11/14 03:25 (UTC)
From: [identity profile] policraticus.livejournal.com
Chuck's nemesis, actually.

(no subject)

Date: 22/11/14 03:09 (UTC)
From: [identity profile] mikeyxw.livejournal.com
Leaving aside the problems of the executive branch expanding it's power, this is actually a terrible route to go for this particular issue. The US is indeed in need of immigration reform and immigrants are in need of some long term answers to plan their lives around. Basing policy on the guy in office that is subject to change in four years, or sooner depending on what the supreme court says, isn't good for immigrants or those who may or may not be committing felonies by hiring them, depending on what the supreme court says. A lasting solution will require that the President and Congress actually work out something, like what happened in 1986. This will certainly be difficult, maybe it won't happen, but I'm pretty disappointed that Mr. Obama isn't willing to try.

This is taking place two months before a new congress goes into session. With the changes in the senate, the entire responsibility for getting a bill out of congress will be up to the GOP. The responsibility to get something done and to be fully responsible for the resulting bill is a completely new dynamic. For the last few years, the GOP has been able to blame bi-partisan bickering for congress' inaction, this won't work any more. Rather than issuing executive orders, Mr. Obama should be setting people's expectations that the GOP congress produce a bill and hold them responsible for the content of that bill.

The country will go N-U-T-S!!!!

Date: 22/11/14 06:33 (UTC)
From: [identity profile] telemann.livejournal.com
Senator Tom Coburn (R - Oklahoma) mentioned in an interview yesterday, that if Obama issued EOs on immigration reform, the country would go NUTS! (http://www.usatoday.com/story/news/politics/2014/11/19/usa-today-capital-download-with-tom-coburn/19263969/)and there would be RIOTS! Well, I was at Rockefeller Plaza earlier tonight, and welp, the only rioting I saw were early Christmas shoppers, and folks at Radio City Music Hall buying tickets for the Rockettes' Christmas Show. And as LOLGOP noted


I remember when Republicans were only for breaking up families if Newt Gingrich found a younger wife.

— LOLGOP (@LOLGOP) November 21, 2014 (https://twitter.com/LOLGOP/status/535828347478376449)

Edited Date: 22/11/14 06:40 (UTC)

(no subject)

Date: 22/11/14 09:38 (UTC)
From: [identity profile] flaming-goat.livejournal.com
It's better to get Congress on record voting whatever way they're going to do it than it has been with Boehner and Reid preventing most bills from being voted on.

(no subject)

Date: 22/11/14 11:26 (UTC)
From: [identity profile] mudryikot.livejournal.com
Can a US Congress pass a law specifically outlawing a specific presidential Executive Order?

(no subject)

Date: 22/11/14 20:34 (UTC)
From: [identity profile] telemann.livejournal.com
Can a US Congress pass a law specifically outlawing a specific presidential Executive Order?

Such a law needs a president's signature to go into effect, so no, they can't. And if they try to hamstring the President using the power of the purse, that won't work either. (http://www.newsweek.com/what-can-gop-do-stop-obamas-immigration-orders-285931)

But if Congress finally does enact immigration reform legislation, and the President signs a bill, the EO is a moot point, which is what he said would happen, if they just passed something. President Obama stated in his speech, directing it at Congress-- if you don't like what I've done, then enact a bill (Congress has been trying in various forms since at least 2007). The only alternative for Republicans in Congress is to take him to court (and work it's way up to the Supreme Court in the appeals process). Even there, they'll have a weak case.


But legally the Republicans have a tough case. There is a long history of presidents using executive authority on immigration matters, and legal experts largely agree that the president has wide latitude when it comes to U.S. immigration laws. Even the Supreme Court has endorsed the idea that the president has “broad discretion” on immigration matters. In 2012, conservative Justice Anthony Kennedy described this power in a 5-3 opinion striking down portions of Arizona’s extreme anti-undocumented-immigration bill.

“A principal feature of the removal system is the broad discretion exercised by immigration officials,” Kennedy wrote in the opinion, which was joined by the court’s conservative chief justice, John Roberts. “Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all.” Even if a judge did agree to hear the case, it could take years for anything to come of it.

Edited Date: 22/11/14 20:34 (UTC)

(no subject)

Date: 23/11/14 14:23 (UTC)
From: [identity profile] sandwichwarrior.livejournal.com
In theory yes, but there's little if anything to stop the President from vetoing it or simply issuing another executive order.

(no subject)

Date: 23/11/14 14:20 (UTC)
From: [identity profile] sandwichwarrior.livejournal.com


In the words of Glen Reynolds, Senator Obama seemed like a sensible fellow. Too bad he isn't the President.


ETA:
Serious question: is there anyone here who genuinely believes that expanding the executive branch's power through EOs and Prosecutorial Discretion is a GOOD idea?

If so, what are the theoretical limits on this expansion, how far would be too far? and are you the least bit concerned about how some future President might choose to wield this power?
Edited Date: 23/11/14 14:31 (UTC)

(no subject)

Date: 26/11/14 04:13 (UTC)
From: [identity profile] policraticus.livejournal.com
Serious question: is there anyone here who genuinely believes that expanding the executive branch's power through EOs and Prosecutorial Discretion is a GOOD idea?

::Crickets::

(frozen) (no subject)

Date: 26/11/14 07:34 (UTC)
From: [identity profile] mahnmut.livejournal.com
Back off and don't try that again, OK?

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