“You’re Wrong, Dave!”
Yes, the President did say to you last night that most immigrants are “maids” and “fruit pickers.” If I had said that live on the air, I wouldn’t be on the air today. Which proves that racism is more about who said something than what was actually said.
So since my inbox is quite full this morning of messages of disagreement and encouragement to quit since every other conservative chat show host in the country says that it is “unconstitutional,” I will say this again – I do not approve of the Presidents Order. I is wrong morally and functionally. My disapproval, however, does not make the Order “unconstitutional.” I stand by my earlier challenge – if you disagree with me, give me a LEGAL and Constitutional argument, not an opinion. I’m sorry that you do not like what the Courts have ruled and some of our greatest leaders have said about the Orders since 1800. But these are FACTS, not my opinions:
“[The President] may direct that the criminal be prosecuted no further” because it is “the exercise of an indubitable and constitutional power.” – Then Congressman and soon to be Chief Justice John Marshall, 1800
“The President may decline to prosecute or may pardon because of the president’s own constitutional concerns about a law or because of policy objections to the law, among other reasons.” – Judge Brett Kavanaugh, DC Court of Appeals, 2013
“The Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case” – Unanimous US Supreme Court, US v Nixon, 1973
As the basis for the Presidents Order remains “prosecutorial discretion,” lower Courts and even the Supreme Court are undivided and in complete UNANIMOUS ruling that the President DOES have the authority and legal basis for doing so.
That doesn’t mean that I agree with or support the order. It means that “I don’t like it” is NOT a valid legal argument.
It’s possible that somebody way smarter than me will come up with an argument before the Court to show that in this case the President is doing something other than exercising an acknowledged and “indubitable” constitution power. It’s possible that a sharply divided court could throw it out on some grounds that it is a tax and only congress can tax or some such angle that nobody has thought about as yet. It’s possible, and frankly, I hope that it does.
But, until then we have to accept the FACT that the GOP has been out maneuvered, out coached and out danced on this issue, and they have no options left to stop it except those they they have already promised that they will not use.
And by the time this makes it way through the courts, 2016 will be upon us, and any and all GOP candidates will be asked what they will do about the Order should they win. How many of them will willingly and openly say that they will cancel the order? How likely is it that before then Congress will pass a law acceptable tot he President anyway and obliterate the the need for overturning the order anyway?
We the People brought this on ourselves. By electing people with low character and low knowledge of the history of the nation and the Constitution, we have allowed our representatives to reach a point where they hold no one accountable for actions that not in the interest of the Nation or the People. Allowing 5 Million people in with the stoke of a pen is not in the best interests of this country. Either we start doing our part or we can count of having “leaders” who will continue to do what is best for themselves.
Today we will talk Kennedy Assassination with an author who says that LBJ did it, while an alleged mob hit man says that he did it. and local comedian Anthony K, my favorite German, joins us for Weird Story of the Week.
Posted on November 21, 2014, in News & Notes and tagged Anthony K, Chief Justice John Marshall, Executive Order, Illegal Immigration, John Marshall, Kennedy Assassination, Lyndon Johnson, Obama, Supreme Court, US v Nixon. Bookmark the permalink. Leave a comment.