President Obama’s claim that he can refuse to deport 800,000 aliens here in the country illegally illustrates the unprecedented stretching of the Constitution and the rule of law. He is laying claim to presidential power that goes even beyond that claimed by the Bush administration, in which I served. There is a world of difference in refusing to enforce laws that violate the Constitution (Bush) and refusing to enforce laws because of disagreements over policy (Obama).
Under Article II, Section 3 of the Constitution, the president has the duty to “take Care that the Laws be faithfully executed.” This provision was included to make sure that the president could not simply choose, as the British King had, to cancel legislation simply because he disagreed with it. President Obama cannot refuse to carry out a congressional statute simply because he thinks it advances the wrong policy. To do so violates the very core of his constitutional duties.
There are two exceptions, neither of which applies here. The first is that “the Laws” includes the Constitution. The president can and should refuse to execute congressional statutes that violate the Constitution because the Constitution is the highest form of law. We in the Bush administration argued that the president could refuse to execute laws that infringed on the executive’s constitutional powers, particularly when it came to national security — otherwise, a Congress that had a different view of foreign policy could order the military to refuse to carry out the president’s orders as Commander-in-Chief, for example. When presidents such as Jefferson, Jackson, Lincoln, and FDR said that they would not enforce a law, they did so when the law violated their executive powers under the Constitution or the individual rights of citizens.
Read more at National Review Online. By John Yoo.
Photo credit: terrellaftermath
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obama has to be the lowest form of life on this planet. His agenda of snubbing his nose at the Constitution and the will of the American people is beyond words. The oath of office he tok means nothing to him, and as far as I am concerned, he is a domestic terrorist out to destroy America, our Constitution, our Bill of Rights, and our freedoms in every way possible. There is a front row seat waiting for him, and it sure isn’t Heaven.
You would not believe the argument I had with someone about his defying the constitution. He informed he that Obama upheld the Constitution and challenged me to give some examples nd i did. How can people miss what is so obvious?
If anyone wants to help stop this dictator in our White House from stealing the 2012 elections contact: Thomas Fitton, 425 Third St. SW, Suite 800, Washington, DC 20024; Tel: (202) 646-5172 or 1-888-593-8442; FAX: (202) 646-5199; google: judicialwatch.org queenie obozo is a DICTATOR, America. We, the people, are gonna have to do something about him since the U.S. Congress and courts won’t do it. Remember, Homeland Security is prepared for Civil War. This may end up in a civil war. See website: http://www.haasstrep68.com
TEAPARTIER has it correct.
CIVIL WAR is on the agenda. The LEAD RODENT *** OBUMER *** , along with his henchmen ERIC ** SS – - GESTAPO ** HOLDER and others, seem to think they don’t have to follow US COMNSTITUTIONAL LAW. Well time for some real LAW to take a hold. That LAW, is JOHN Q.PUBLIC ‘ S LAW. His LAW is with weapons.
I wont go any further. ** SS – - GESTAPO ** HOLDER might be watching or listening..
With the latest speech on illegals, he has disobeyed the rule of law, same as many states by allowing the illegals to live in their states…..most of all, since we have little jobs for our youth, he is going to let the illegals have em, and when they complete college, they will work for less that our grads and our kids will not have good paying jobs after going to college…..all the master plan of the great dictator………