Author Topic: Attorney General Eric Holder can't explain constitutional basis for Obama's executive orders  (Read 304 times)

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Offline happyg

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By Joel Gehrke

<a href="http://www.youtube.com/watch?v=Tvs_BssD5eU&amp;feature=player_embedded" target="_blank" class="aeva_link bbc_link new_win">http://www.youtube.com/watch?v=Tvs_BssD5eU&amp;feature=player_embedded</a>


Attorney General Eric Holder couldn't explain the constitutional basis for executive orders such as President Obama's delay of the employer mandate because he hasn't read the legal analysis -- or at least, hasn't seen it in a long time.

"I'll be honest with you, I have not seen -- I don't remember looking at or having seen the analysis in some time, so I'm not sure where along the spectrum that would come," Holder replied when Sen. Mike Lee, R-Utah, asked him to explain the nature of Obama's constitutional power to delay the mandate.

Lee had based his question on a standard legal test, first described by Supreme Court Justice Robert Jackson, who said the president's authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is "incompatible with a congressional command" (category three), to use Lee's paraphrase.

More of the article at link: http://washingtonexaminer.com/article/2543100#.Uum-fwvLynw.twitter

Offline Rapunzel

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I have to wonder how Holder ever managed to earn a law degree? and shame on McCain, Hatch, Graham, etc. for their vote to his confirm Holder as AG.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline Carling

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I have to wonder how Holder ever managed to earn a law degree? and shame on McCain, Hatch, Graham, etc. for their vote to his confirm Holder as AG.

Same way that Obama received his.  Commie roots and racial freebies.

As for McCain/Hatch/etc., Holder made it out of committee by a 17-2 vote.  The no votes were as much for show on the GOP side as the yes votes when it came to his 75-21 confirmation vote.
« Last Edit: January 29, 2014, 11:15:52 PM by Carling »
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Offline Rapunzel

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Same way that Obama received his.  Commie roots and racial freebies.

As for McCain/Hatch/etc., Holder made it out of committee by a 17-2 vote.  The no votes were as much for show on the GOP side as the yes votes when it came to his 75-21 confirmation vote.

Yes and given what was known about him from the last days of the Clinton administration it is unconscionable he received one single solitary GOP vote.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline happyg

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Yes and given what was known about him from the last days of the Clinton administration it is unconscionable he received one single solitary GOP vote.

Yep! The GOP screwed up with that one, among others.


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