jimnyc
09-06-2017, 03:26 PM
Of course the liberals and the majority of the left are running around as if Trump cut off the heads of illegal babies. Fact is, he's simply following the law, fixing the law. This will also fix any precedent for the future.
Then another article about Feinstein. She believed DACA was on "legal shaky ground" to begin with. Ya think?
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Law Professor: Don't Bash Trump Over DACA; What He Did Was ‘Paramount’ For Our System Of Government
There’s a lot of hysteria going on after the Trump administration decided on a gradual phasing out of the Deferred Action for Childhood Arrivals program. The program, which was created by executive order under Barack Obama, allows illegal aliens who entered the U.S. as minors to be shielded from deportation if they meet the criteria for a deferment. If they do, they’re eligible for work and study permits. The cost of an application fee is $495, and deferments need to be renewed every two years. In short, one could argue that this is a separation of powers issue, that the executive overreached and created law by decree, and that all DACA is just a way for illegal aliens to bribe the government not to enforce immigration law. Yet, Jonathan Turley, a law professor at George Washington University, argues that all President Trump is doing is returning immigration law to Congress, which should have been done in the first place. He’s just reeling in Obama’s overreach by using the same method the former president used to enact it. There is nothing controversial about how Trump went about terminating DACA:
President Trump’s expected announcement that he is terminating the Deferred Action for Childhood Arrivals (DACA) program has met with widespread criticism over the potential cost to roughly 800,000 children of undocumented parents. While I agree with the same concern over the status of these individuals, I do not agree with the same criticism of sending DACA back to Congress. DACA was unilaterally ordered by President Obama after Congress refused to approve the program.
Some of us criticized the action as a circumvention of the legislative branch that undermined our system of the separation of powers. But because they liked the result, Democratic members yielded their institutional power to the White House and helped create an unchecked presidency. With Trump using the same authority to pursue his own policies, Democratic leaders now want to radically expand the powers of the judiciary to block an uber presidency of their own making. They have become constitutional short sellers who dump core principles as soon as they raise political costs.
New York Attorney General Eric Schneiderman and Gov. Andrew Cuomo (D-N.Y.) announced that they would challenge Trump’s decision in federal court. While they declined to give details of this extraordinary challenge, they would presumably be asking a court to say that Trump could not use the same power to rescind DACA that Obama used to create it. Since the power is the same, what remains is the merits of the policy, something courts have long avoided under the political question doctrine. They would have to say that undocumented individuals can be allowed to stay but not ordered to leave by executive order.
Trump’s decision will return this question to where it should have remained: Congress. Presidents do not have the option to go it alone in our system. Obama failed to pass DACA in Congress, and he was left with only two choices. He had to either compromise or change Congress. Sometimes when the country is politically divided, less gets done until we can reach a consensus. However, that consensus is found in the legislative process, not through presidential or judicial proclamations.
Where Obama used this authority to circumvent Congress on DACA, Trump is using it to return DACA to Congress. After failing to pass this program earlier, members may now be able to succeed by reaching a compromise with their Republican colleagues. Regardless of the outcome, however, the importance of re-establishing an equal legislative branch is paramount for our system and our future.
Rest - https://townhall.com/tipsheet/mattvespa/2017/09/06/law-professor-dont-bash-trump-over-daca-hes-just-reeling-in-obamas-overreach-n2377394
Feinstein Admits DACA on 'Shaky Legal Ground'
Before former President Obama announced the Deferred Action for Childhood Arrivals program, he insisted he couldn’t take unilateral action to protect the illegal immigrant minors from deportation. It was Congress, he said, that had to come up with a solution.
But after Congress failed to pass a legislative fix, Obama revisited the notion of acting on his own.
When he announced the program he said it was “not amnesty” nor was it immunity. “This is not a path to citizenship,” he added. “It’s not a permanent fix. This is a temporary stopgap measure.”
While most liberals are ignoring this pronouncement, Sen. Dianne Feinstein didn’t forget the program’s foundations.
Appearing on MSNBC’s “MTP Daily” Tuesday, Feinstein admitted DACA was on “shaky legal ground” to begin with.
Host Chuck Todd started out by asking the California Democrat if DACA is legal.
“DACA was executive order,” she replied. “Legal is what is the law of passage of something. You know, there are ten attorneys general prepared to sue. I don't want to get into that. The point is, DACA is here. And we've got 800,000 young people --"
But Todd interrupted, telling the senator her answer seems to suggest it’s “on shaky legal ground."
"It is,” she admitted. “That's why we need to pass a law. And we should do it."
Rest - and video - at - https://townhall.com/tipsheet/leahbarkoukis/2017/09/06/feinstein-admits-daca-on-shaky-legal-ground-n2377788
Then another article about Feinstein. She believed DACA was on "legal shaky ground" to begin with. Ya think?
---
Law Professor: Don't Bash Trump Over DACA; What He Did Was ‘Paramount’ For Our System Of Government
There’s a lot of hysteria going on after the Trump administration decided on a gradual phasing out of the Deferred Action for Childhood Arrivals program. The program, which was created by executive order under Barack Obama, allows illegal aliens who entered the U.S. as minors to be shielded from deportation if they meet the criteria for a deferment. If they do, they’re eligible for work and study permits. The cost of an application fee is $495, and deferments need to be renewed every two years. In short, one could argue that this is a separation of powers issue, that the executive overreached and created law by decree, and that all DACA is just a way for illegal aliens to bribe the government not to enforce immigration law. Yet, Jonathan Turley, a law professor at George Washington University, argues that all President Trump is doing is returning immigration law to Congress, which should have been done in the first place. He’s just reeling in Obama’s overreach by using the same method the former president used to enact it. There is nothing controversial about how Trump went about terminating DACA:
President Trump’s expected announcement that he is terminating the Deferred Action for Childhood Arrivals (DACA) program has met with widespread criticism over the potential cost to roughly 800,000 children of undocumented parents. While I agree with the same concern over the status of these individuals, I do not agree with the same criticism of sending DACA back to Congress. DACA was unilaterally ordered by President Obama after Congress refused to approve the program.
Some of us criticized the action as a circumvention of the legislative branch that undermined our system of the separation of powers. But because they liked the result, Democratic members yielded their institutional power to the White House and helped create an unchecked presidency. With Trump using the same authority to pursue his own policies, Democratic leaders now want to radically expand the powers of the judiciary to block an uber presidency of their own making. They have become constitutional short sellers who dump core principles as soon as they raise political costs.
New York Attorney General Eric Schneiderman and Gov. Andrew Cuomo (D-N.Y.) announced that they would challenge Trump’s decision in federal court. While they declined to give details of this extraordinary challenge, they would presumably be asking a court to say that Trump could not use the same power to rescind DACA that Obama used to create it. Since the power is the same, what remains is the merits of the policy, something courts have long avoided under the political question doctrine. They would have to say that undocumented individuals can be allowed to stay but not ordered to leave by executive order.
Trump’s decision will return this question to where it should have remained: Congress. Presidents do not have the option to go it alone in our system. Obama failed to pass DACA in Congress, and he was left with only two choices. He had to either compromise or change Congress. Sometimes when the country is politically divided, less gets done until we can reach a consensus. However, that consensus is found in the legislative process, not through presidential or judicial proclamations.
Where Obama used this authority to circumvent Congress on DACA, Trump is using it to return DACA to Congress. After failing to pass this program earlier, members may now be able to succeed by reaching a compromise with their Republican colleagues. Regardless of the outcome, however, the importance of re-establishing an equal legislative branch is paramount for our system and our future.
Rest - https://townhall.com/tipsheet/mattvespa/2017/09/06/law-professor-dont-bash-trump-over-daca-hes-just-reeling-in-obamas-overreach-n2377394
Feinstein Admits DACA on 'Shaky Legal Ground'
Before former President Obama announced the Deferred Action for Childhood Arrivals program, he insisted he couldn’t take unilateral action to protect the illegal immigrant minors from deportation. It was Congress, he said, that had to come up with a solution.
But after Congress failed to pass a legislative fix, Obama revisited the notion of acting on his own.
When he announced the program he said it was “not amnesty” nor was it immunity. “This is not a path to citizenship,” he added. “It’s not a permanent fix. This is a temporary stopgap measure.”
While most liberals are ignoring this pronouncement, Sen. Dianne Feinstein didn’t forget the program’s foundations.
Appearing on MSNBC’s “MTP Daily” Tuesday, Feinstein admitted DACA was on “shaky legal ground” to begin with.
Host Chuck Todd started out by asking the California Democrat if DACA is legal.
“DACA was executive order,” she replied. “Legal is what is the law of passage of something. You know, there are ten attorneys general prepared to sue. I don't want to get into that. The point is, DACA is here. And we've got 800,000 young people --"
But Todd interrupted, telling the senator her answer seems to suggest it’s “on shaky legal ground."
"It is,” she admitted. “That's why we need to pass a law. And we should do it."
Rest - and video - at - https://townhall.com/tipsheet/leahbarkoukis/2017/09/06/feinstein-admits-daca-on-shaky-legal-ground-n2377788