Republicans Wrong: 135 Legal Scholars Say Obama’s Immigration Actions Are Constitutional

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Cue obtuse denials (à la Republicans denying their own Benghazi report) and wailing tears. Republicans are wrong again, so say over 100 legal scholars. President Obama acted Constitutionally and within the powers of his office when he took immigration action.

Jim Kuhnehn reported for the AP, “More than 100 immigration professors and scholars declared Tuesday that President Barack Obama’s decision to make several million immigrants illegally in the United States eligible to be spared from deportation is constitutional and within his administrative powers.”

That’s 135 scholars for anyone who’s counting. And they all say that President Obama’s immigration actions are well within the legal authority of the executive branch.

The lawyers published their conclusion in a letter, updated from a September 3, 2014 letter sent by 136 law professors to the White House on the role of executive action in immigration law.

Our conclusion is that the expansion of the DACA program and the establishment of Deferred Action for Parental Accountability are legal exercises of prosecutorial discretion. Both executive actions are well within the legal authority of the executive branch of the government of the United States.

It’s not as if this is news to those who operate in reality land, but this is news for those deeply entrenched in the alternative universe/contagious disease that is Republicanitis.

Seeing as every modern president since Eisenhower has done this including Republican former President Ronald Reagan, Republicans look foolish and petty the more they screech about Obama. They are really just upset that President Obama is acting like a president and using the powers given to him by the People in a landslide election (the second national election he won, by the way– a “referendum” on his policies if ever there were one, wake up media).

135 legal scholars V Republicans.

But wait. Republicans claim that it’s different when Obama does it because the scope is so broad. What say the scholars? They disagree. The broad scope does not impact prosecutorial discretion.

Oh.

Further, the scholars cited the fact that federal courts “also explicitly recognized prosecutorial discretion in general and deferred action in particular. Notably, the U.S. Supreme Court noted in its Arizona v. United States decision in 2012: ‘A principal feature of the removal system is the broad discretion exercised by immigration officials.'”

Keep in mind that Republicans also don’t “believe” in climate change, science, medicine, reality, and much more. They base monetary policy on a fictional character’s monologue in a book written for juvenile teenage boys. Reality is a stranger to Republicans these days. So it should come as no surprise that they are wrong again, because they once again denied reality.

The reality is, Barack Obama is the President of the U.S. He’s in his second term. The people wanted him a lot more than they wanted the Republican alternatives, in both elections. But we are six years in, and Republicans are still whining daily like perpetual sore losers who refuse to take responsibility for their own failures.

28 Replies to “Republicans Wrong: 135 Legal Scholars Say Obama’s Immigration Actions Are Constitutional”

  1. What Republicans hear when anyone says Legal Scholar:
    “Ivy league educated, communist, pinko, elitist — just like Obama”.

  2. Bonafide experts know nothing as far as republicans are concerned. Incompetence will always reign supreme with the extremely ignorant.

  3. If you repeat a lie often enough, you begin to believe it. This is as good of an example as one can get. I am outraged that Boehner is willing to spend $1 million to sue the president because he is placing his own political career ahead of what is best for the country.
    The whole party is thinking only of themselves, the country be damned!

  4. Oh yeah? Well 1010 legal scholars say it is NOT Constitutional, so there. You can find any number of PhD’s who will testify to anything you desire on any given day.
    How does the Prez make LAW? Or refuse to allow the law to be done? Just at his word? Crazy!
    I say also that any and every Executive Action or Order expires when that guy leaves office. UNDONE! What does that say about this deal?

  5. Republicans have been flailing their limp rags for six years now. Trying to deny this President everything from his citizenship to his Presidential powers. The name calling is childish and foolish. Trying to SUE the President seems desperate. Throwing all kinds of fake scandals at him to see if any sticks is laughable. Not doing their homework as legislators is incompetence at the highest degree. In other words they claim anything Obama does is Un-constitutional but they are proven wrong, over and over and over again. Have they NO SHAME!

  6. Davy, NO legal scholars say the President’s actions are unconstitutional because the CONSTITUTION says that the President’s actions are constitutional. The President is exercising the same authority that every President since George Washington (except Wm.H.Harrison) has used. The only difference… the ONLY difference… is that they were white.

    And actually, Executive Orders remain in effect until either (a) Congress passes a law which supersedes them or (b) a subsequent President revokes or modifies them.

  7. Starrgazerr – they differ in a lot of other non-racist ways too, like birthday, height, weight, party, et al. Your inferrence that I might be racist is playing the race card, in a way that does not apply.
    My comments were at least to the heart of the article/oracle/aorta.

  8. Sorry starrgazerr, I have to agree with Navy Davy (ugh, choke, gag). The past Presidents that used Executive Orders for illegal immigrants were Eisenhower, Reagan, G.H.W.Bush and G.W. Bush, all Republicans. That President Obama is black, I would like to believe, is coincidental.

    Its ok if Republicans do it, but NOT a Democrat. A Democrat is not suppose to use the Executive Order path, That, apparently, is a Republican prerogative only.

    I, also would like a link to those 1010 “legal” scholars, If you can’t provide that, then one has to doubt that you know what you are talking about.

  9. I, also would like a link to those 1010 “legal” scholars, If you can’t provide that, then one has to doubt that you know what you are talking about.
    —————————–

    Lets see. I asked for that link at 2:09 it is now 5:34. I would be in my right to say navy davy is full of shit

  10. Like you 100 million Americans don’t know the constitution. But don’t feel bad blame your parents for homeschooling you and didn’t teach civics

    And for the record if only 36% voted and the total population is over 330 million I doubt 100 million voted. But be free to show me I am wrong

  11. The President IS a Constitutional Law expert. He was Editor of the Harvard Law Review, which is the highest honor Harvard can bestow to a Law student.

    The quibblers and cavilers who whine about words usage are trying to make our Constitution a Sacred document, like the Bible. And only special people can channel George Washington and teach us His intent.

    Yahweh says he now wants to be called ‘George.’

  12. Well YEAH!!! Ever hear of the Emancipation Proclamation??? Legislation brought in by Executive order… Without any involvement of the Congress.

  13. The GOP is fond of taking speeches out of context (remember the poor woman at ACORN?) and then augmenting them with audio-visuals saying essentially the same thing, a technique many PowerPoint enthusiasts are quite familiar with, one that ensures memory anchors in the receptive Foxacious audience. Tied in with current GOP talking points, these presentations plant in the minds of those with little or no critical thinking skills “facts” that never became established in the first place. All of this was developed by that wascally Joe Goebbels. Take a look at his movie, “Der Erwiges Jude” (U.S. “The Eternal Jew”). Shows Jewish people as rats.

  14. Obama is supposed to be a legal scholar. It’s not hard to find a liberal at a college. 135 supposed legal scholars is less than .001% of the people qualified to comment on the constitution.

  15. It’s not hard to find a liberal at a college.
    On the other hand it is very hard to find a conservative at college who’s “qualified to comment on the constitution.”

  16. Read the Constitution. Read legal rulings/opinions/scholarship on Executive Orders.

    The President is well within the law.

    Just because you don’t like it, that doesn’t make it illegal.

    He’s on firm legal ground.

  17. But I know your dumbass would know that the 9 people who decide what is Constitutional has spoken
    The Roberts Court Has Already Said That Obama Has The Power To Issue His Immigration Order
    http://thinkprogress.org/justice/2014/11/19/3594160/the-roberts-court-has-already-said-that-obama-has-the-power-to-issue-his-immigration-order/

    Ooops I am sorry your dumbass didn’t know that because your dumbass listen to fox news. Try reading for a change and guess what, you wont be a dumbass

  18. I’m glad that the Supreme Court stood with the President on this.

    And, for those that say that he is not supposed to do this kind of executive order without the approval of Congress, I say: Executive Orders are something that the President does by himself or herself. That is the whole point of an Executive Order. For the President to act on his own, when Congress refuses to act on a vitally important issue. I understand that Lincoln’s Emancipation Proclamation was an Executive Order done without the Congress of his day. Because a lot of the Congressmen were from the south. And, would never have agreed to it. And, the Emancipation Proclamation has withstood the test of time. [WINK]

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