Author Topic: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?  (Read 1022 times)

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Offline happyg

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Offline happyg

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #1 on: December 03, 2013, 12:43:36 PM »
Am watching the Hearings on C-SPAN2. Democrats are talking policy; republicans are talking Constitution.

Offline Rapunzel

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #2 on: December 03, 2013, 01:26:04 PM »
Am watching the Hearings on C-SPAN2. Democrats are talking policy; republicans are talking Constitution.

Watching it, too!

Offline Fishrrman

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #3 on: December 03, 2013, 10:39:06 PM »

Online Oceander

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #4 on: December 03, 2013, 11:52:48 PM »
Am watching the Hearings on C-SPAN2. Democrats are talking policy; republicans are talking Constitution.

The trouble is that the issues of executive/prosecutorial discretion sit at the crossroads where the text of the Constitution and policy intersect (or collide, if one prefers).  The concept of prosecutorial discretion dates back several hundred years to English common law.  That concept would have been part of the background and context against which the Founders wrote the Constitution; as such, since the Constitution did not explicitly place restrictions on that sort of discretion, it is not unreasonable to believe that they intended for the executive branch to have some degree of discretion over how and when to enforce federal law.

Offline Rapunzel

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #5 on: December 03, 2013, 11:56:40 PM »
The trouble is that the issues of executive/prosecutorial discretion sit at the crossroads where the text of the Constitution and policy intersect (or collide, if one prefers).  The concept of prosecutorial discretion dates back several hundred years to English common law.  That concept would have been part of the background and context against which the Founders wrote the Constitution; as such, since the Constitution did not explicitly place restrictions on that sort of discretion, it is not unreasonable to believe that they intended for the executive branch to have some degree of discretion over how and when to enforce federal law.

Jonathan Turley - a raging liberal constitutional professor at Georgetown, University was very clear in his testimony this morning this president has over-stepped his constitutional authority by re-writing the bill - more than once.  All the professors testifying today were quite clear that this bill did not originate in the house and thus is in violation of the origination clause.   

Online Oceander

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #6 on: December 03, 2013, 11:58:10 PM »
Jonathan Turley - a raging liberal constitutional professor at Georgetown, University was very clear in his testimony this morning this president has over-stepped his constitutional authority by re-writing the bill - more than once.  All the professors testifying today were quite clear that this bill did not originate in the house and thus is in violation of the origination clause.   

That's a different matter; however, the line between exercising the discretion to enforce, or not enforce, a law and enforcing a law that wasn't written in the first place, is not the most clear-cut of lines.

Offline Rapunzel

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #7 on: December 04, 2013, 12:05:41 AM »
That's a different matter; however, the line between exercising the discretion to enforce, or not enforce, a law and enforcing a law that wasn't written in the first place, is not the most clear-cut of lines.

They also pointed out there was a lot of constitutional questions about how they took a bill which had zero to do with the AFA that had come over from the house and stripped everything except the number on the bill out of the bill and inserted Obamacare in the Senate and then that is the bill they passed.  They said this habit of stripping out bills passed as one thing in the house and replacing with something entirely different in the senate  and then passing it without running it back past the house is unconstitutional as well.

Once the Democrats all had their 5 minute rants and left the room the testimony was beyond enlightening as all the men testifying went beyond their personal beliefs and stuck strictly to the constitution in their replies and testimony.

 I was glad happyg posted it was on and I was able to watch most of it.  Almost like auditing a constitutional law class over a cup of coffee.


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