Consider for a minute the implications what has just taken place in the United States of America . . . S.L.
In the Oath of Office, the President of the United States swears that he will preserve, protect, and defend the Constitution of the United States to the best of his ability. That Oath was violated last night, in plain view of millions of people all over the world. That Oath was rendered meaningless. Cast aside as meaningless as a piece of confetti at a parade.
Also in the Constitution of the United States: the President of the United States shall faithfully execute, or see to it that the laws of the country are faithfully executed. That was also rendered meaningless last night. "Executive amnesty" - what President Obama actually did as a result of his executive order was to instruct law enforcement officials to ignore the law.
The law has not been changed. Congress has written no law that provides the President the power to enforce this aspect of it. Obama simply told everybody involved in law enforcement to ignore their duty. He told them to ignore crime when they come across it. He told them to not bother prosecuting violators of this particular law. Therefore, Obama is not only flouting the law, he's flouting the enforcement of the law.
The President of the United States is now demanding that these violators of our law not only be fully ignored by law enforcement, they will also be given work documents. Under existing law, they are not allowed to hold work documents, because they are here illegally. So the President of the United States is not enforcing a law; he's not changing, regulating, or otherwise. What we are witnessing is the President of the United States creating a new law out of thin air here. He is writing his own law.
There is no statutory foundation for this. The Democrats and their confederates in the Left-leaning Mainstream media are claiming that Reagan did it. Reagan did not do this. The Congress passed Simpson-Mazzoli in 1986 and Reagan signed it, and after that you've got a statute as a law. You've got a foundation, and Reagan then took some executive actions based on that statute.
Ronald Reagan didn't make up a law out of thin air. Reagan didn't create it out of whole cloth like Obama is doing. Obama, on the other hand, is actually instructing law enforcement to not enforce existing law. The President of the United States does not have the constitutional authority to do this.
The Executive Branch of our government DOES have the authority to prosecute, to determine when violators of the law are gonna be prosecuted. This is called prosecutorial discretion.
Prosecutorial discretion is exactly what it says. It's based on the fact that there's just too much law-breaking going on out there to enforce it all; there's just too much crime. We don't have the resources, we don't have the personnel, we don't have enough courts to enforce all of it, and so prosecutors determine which laws or crimes are going to be prosecuted based on severity, damage, any number of things.
But just because prosecutors choose not to enforce a law doesn't mean the law becomes legal or the act becomes legal. For example: the Treasury investigates deposits of $10,000. Therefore, just because a prosecutor somewhere might ignore you if you deposit $10,000 in cash, it doesn't mean it's legal to do it.
Just because a prosecutor chooses to ignore a particular act, just because a prosecutor decides not to go after a certain criminal, doesn't make that criminal act legal all of a sudden. What Obama is claiming is that there are too many illegals, and they're all over the place, and we can't find them. Understood; its a big situation - that doesn't make them legal, which is what he is doing. If prosecutors - and the President of the United States is the chief prosecutor - decides they're not going to prosecute particular crimes, it doesn't make the crimes legal. They are still illegal.
And yet Barack Hussein Obama has essentially said that any crime he doesn't choose to prosecute is legal now.
The President of the United States has exceeded his Legal Authority.
Under our system of government - as written in the United States Consititution - does not give that power to the President.
Article I clearly says: "The Congress shall have Power . . . to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Only Congress is vested with the power to make new laws or amend or repeal existing laws. The President does not have that authority. No President has the authority to tell law enforcement to simply ignore the enforcement of a law because he's violating that part of the Constitution - the same document that the President swears to see that ALL laws are faithfully executed. The President of the United States is not even close to having that kind of power.
Another example: marijuana. As you know, prosecutors less and less pursue marijuana crimes, but it doesn't mean that marijuana is thus legal. Just because a prosecutor decides "I got better things to do than go after" doesn't mean that the law has suddenly been changed and marijuana is legal. Well, by the same token, just because Obama says he's not going to enforce the law on illegal immigrantion, doesn't make it legal all of a sudden.
It does not make these people legal. And yet Obama has told us that his action makes them all legal. The President of the United States simply does not have the power to do that. Only Congress can do that. Obama is using smoke and mirrors to confuse the American people and have us believe that because he's choosing not to enforce the law on four or five million people, that automatically confers legality on them. According to the laws of our nation, it does not.
Smoke and Mirrors
Barack Hussein Obama simply does not have the legal ability to do what he is doing. The Constitution of the United States is being violated in a fundamental way. This is the manner of Third World dictators and absolute monarchs.
So what the President has done is try to fool everybody by claiming 'prosecutorial discretion.' What Obama claims is that he's got the power to declare which criminal acts he will pursue and which ones he will ignore. Obama is saying that illegal aliens now have a right to be here because he has chosen not to prosecute them.
Obama is saying, "Yes, they are illegal aliens, but I'm gonna turn them legal by not prosecuting them," and he doesn't have that power. Just because you choose not to prosecute somebody doesn't mean what they did to get in trouble in the first place is all of a sudden legal. Somebody is caught with a bale of marijuana - much more than realistically considered for personal use - and for some reason the local jurisdiction choose not to prosecute does not mean that possession with intent to sell has become legal. Prosecutorial discretion is standard operating procedure. It's been used for centuries because it's simply not efficient, affordable, any number of categories, to go after all crime.
And just because a particular crime is pardoned, let's say, doesn't mean that that criminal activity all of a sudden becomes legal. And yet that's what Obama is is claiming. The President of the United States is ordering the Border Patrol, ICE and the rest of Federal Law Enforcement to stand down. And because there will be no prosecutions of these people here illegally, he is stating that they are legal. No, they are not. They're still illegal, and just because the Obama Administration chooses not to prosecute does not make them legal. What President Obama doing is unconstitutional, illegal and if Congress does nothing to stop him, then they are complicit.
Welcome to the Third World, America.