I Can Handle the Truth
Just How Bad Is It?
By Rick Dalton
I
consider myself an optimist. An optimist and a realist. So this post
will begin a series that will focus on specific issues which underscore
the distance we have strayed from the principles outlined in our
Declaration of Independence and Constitution. The result is the
imbalance, dysfunction and danger Americans find themselves facing, both
at home and abroad.
The issue of illegal immigration and its constitutional and national security implications will be our topic today. The "humanitarian" side of illegal immigration is all over the media and Obama is using is to garner support for his lawless antics in granting amnesty to millions. "We don't want to separate families" by deporting lawbreakers, according to our laws. But in any political or government debate, just like in baseball or golf, if there are problems, we must return to fundamentals to solve them. Article 2, Section 1 of the Arizona Constitution declares,
So these are the powers of the president. Nowhere is immigration or naturalization mentioned. It's pretty simple. Another bedrock principle is the doctrine of enumerated powers. The powers delegated to the federal government are enumerated, or listed.When you get to the end of the list, there aren't any more. Period. So where did the Founders place the responsibility and authority to direct immigration? For that we need to go to Article 1, Section 8, Clause 4. Article 1 is the legislative article, and section 8 contains the enumerated, or listed powers of the congress. Among about 19 others, it says that congress shall have the power to,
It's that clear and that simple. Referring to text of Article 2 above, the president, with regard to naturalization, or the process of becoming a LEGAL immigrant, is commanded, by the use of the word SHALL, he shall take Care that the Laws be faithfully executed,...
This is part of the separation of powers doctrine. Some powers are given exclusively to one branch, to the exclusion of the other two. And when one branch out-steps its bounds, the other branches are given checks and balances to get back on track. This issue is a present day test of these principles and the use of checks and balances. A confrontation is looming over illegal immigration. The president is attempting to write law, in the form of amending it, or changing it's application, and this violates Article 1, Section 1, Clause 1. "ALL legislative power" is vested in the congress.
Here's the delegation of authority for the issue of immigration. Article 1, Section 8, Clause 4: "Congress shall have power ....To establish an uniform Rule of Naturalization..." It's the sole responsibility of the congress. POTUS is ordered to "faithfully" execute those laws. There's not a shred of authority for him to alter in any way the laws passed by Congress.
Many see this confrontation as a watershed development in America. For a detailed treatment of the issue of illegal immigration, and who passes laws, by the National Center for Constitutional Studies, click HERE.
As of this writing, 22 November 2014, a huge group of America's sheriffs and other peace officers and elected officials will rally at the nation's capitol on Dec. 10th on the issue of illegal immigration. Here's the announcement from the website of the Constitutional Sheriffr's and Peace Officers Association, cspoa.org:
"CSPOA will have a presence in Washington DC on December 10th along with other sheriffs and peace officers. The event will take place at the capitol and organizers say they will demand that congressional action be taken to secure the border with Mexico. Sheriff Thomas M. Hodgson of Bristol County Massachusetts sent a letter to organize a meeting of sheriffs in Washington, D.C., on December 10, two days before the existing government-funding bill expires, to meet with congressmen and encourage them to take action to secure the border.
“Never before in our nation’s history has it been so important for the American sheriffs to stand united and speak with one voice to secure our nation’s borders,” Hodgson wrote. “Senator Jeff Sessions, Senator David Vitter and other members of Congress have agreed to join us at the Capitol to demand immediate action to secure our borders as the first step in achieving legitimate immigration reform in the future. Several sheriffs have agreed to work in a spirit of cooperation to assist in recruiting at least 200 sheriffs to travel to Washington, D.C. for this historic meeting and press conference with members of Congress.”
CSPOA President Sheriff Richard Mack (Ret.) said “It’s about time we took a stand on behalf of the citizens who elected us and who all peace officers are sworn to serve and protect. The costs of incarceration, education, and medication of illegals is growing daily, and the murders, robberies and other crimes committed by illegals are a travesty that we cannot endure any longer.” Mack also warned, “The criminals and terrorists from many countries, including state sponsors of terror and even China, who come across our southern border continue to reduce the security of our way of life. It’s time for action, once and for all.”
FRDMWRX
Copyright 2014 by Rick Dalton All rights reserved.
The issue of illegal immigration and its constitutional and national security implications will be our topic today. The "humanitarian" side of illegal immigration is all over the media and Obama is using is to garner support for his lawless antics in granting amnesty to millions. "We don't want to separate families" by deporting lawbreakers, according to our laws. But in any political or government debate, just like in baseball or golf, if there are problems, we must return to fundamentals to solve them. Article 2, Section 1 of the Arizona Constitution declares,
A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.So let us remember one of the bedrock principles of our government. That principle is that the people delegated specific and limited powers to our elected leaders. With this in mind, let us check the Constitution to see just what powers were delegated to the president. As we do this, let us try to ignore the political, emotional or other considerations that may be attached to Obama's executive action, and focus on the supreme law of the land - The Constitution - and the immigration laws passed by the Congress and duly signed by the executive, which Obama wants to change as if he were a monarch. Article 2, the executive article, is reproduced here in its pertinent parts.
I include the entire pertinent text so readers can refer above when referencing the Constitution, and avoid having to go to another page.Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.''
Section 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3.
He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4.
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
- See more at: http://constitution.findlaw.com/article2.html#sthash.lAk28VRT.dpuf
Section 1. Omitted for space, because it is not germane.
Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. (Underlining mine)
So these are the powers of the president. Nowhere is immigration or naturalization mentioned. It's pretty simple. Another bedrock principle is the doctrine of enumerated powers. The powers delegated to the federal government are enumerated, or listed.When you get to the end of the list, there aren't any more. Period. So where did the Founders place the responsibility and authority to direct immigration? For that we need to go to Article 1, Section 8, Clause 4. Article 1 is the legislative article, and section 8 contains the enumerated, or listed powers of the congress. Among about 19 others, it says that congress shall have the power to,
To establish an uniform Rule of Naturalization,...
It's that clear and that simple. Referring to text of Article 2 above, the president, with regard to naturalization, or the process of becoming a LEGAL immigrant, is commanded, by the use of the word SHALL, he shall take Care that the Laws be faithfully executed,...
This is part of the separation of powers doctrine. Some powers are given exclusively to one branch, to the exclusion of the other two. And when one branch out-steps its bounds, the other branches are given checks and balances to get back on track. This issue is a present day test of these principles and the use of checks and balances. A confrontation is looming over illegal immigration. The president is attempting to write law, in the form of amending it, or changing it's application, and this violates Article 1, Section 1, Clause 1. "ALL legislative power" is vested in the congress.
Here's the delegation of authority for the issue of immigration. Article 1, Section 8, Clause 4: "Congress shall have power ....To establish an uniform Rule of Naturalization..." It's the sole responsibility of the congress. POTUS is ordered to "faithfully" execute those laws. There's not a shred of authority for him to alter in any way the laws passed by Congress.
Many see this confrontation as a watershed development in America. For a detailed treatment of the issue of illegal immigration, and who passes laws, by the National Center for Constitutional Studies, click HERE.
As of this writing, 22 November 2014, a huge group of America's sheriffs and other peace officers and elected officials will rally at the nation's capitol on Dec. 10th on the issue of illegal immigration. Here's the announcement from the website of the Constitutional Sheriffr's and Peace Officers Association, cspoa.org:
"CSPOA will have a presence in Washington DC on December 10th along with other sheriffs and peace officers. The event will take place at the capitol and organizers say they will demand that congressional action be taken to secure the border with Mexico. Sheriff Thomas M. Hodgson of Bristol County Massachusetts sent a letter to organize a meeting of sheriffs in Washington, D.C., on December 10, two days before the existing government-funding bill expires, to meet with congressmen and encourage them to take action to secure the border.
“Never before in our nation’s history has it been so important for the American sheriffs to stand united and speak with one voice to secure our nation’s borders,” Hodgson wrote. “Senator Jeff Sessions, Senator David Vitter and other members of Congress have agreed to join us at the Capitol to demand immediate action to secure our borders as the first step in achieving legitimate immigration reform in the future. Several sheriffs have agreed to work in a spirit of cooperation to assist in recruiting at least 200 sheriffs to travel to Washington, D.C. for this historic meeting and press conference with members of Congress.”
CSPOA President Sheriff Richard Mack (Ret.) said “It’s about time we took a stand on behalf of the citizens who elected us and who all peace officers are sworn to serve and protect. The costs of incarceration, education, and medication of illegals is growing daily, and the murders, robberies and other crimes committed by illegals are a travesty that we cannot endure any longer.” Mack also warned, “The criminals and terrorists from many countries, including state sponsors of terror and even China, who come across our southern border continue to reduce the security of our way of life. It’s time for action, once and for all.”
FRDMWRX
Copyright 2014 by Rick Dalton All rights reserved.
