As of November 2015, the United States faces yet another
Constitutional crisis. Once more, the president claims powers which he does not
have and cannot exercise under the existing Constitution. We can argue
endlessly the pros and cons of the president’s actions, but let us turn to the
document at risk for the answers.
Article I, Section 8 of the Constitution lists the
enumerated powers of Congress.
Listed among the other duties is the phrase that empowers Congress to
“establish an uniform rule of naturalization …” . Nowhere in the Constitution is the word
immigration found. It was universally understood the laws of naturalization
covered the topic of immigration since said law would set the qualifications
and exclusions for entry into the United States of America, as well as the
requirements for naturalization. Article I is the section of the Constitution
that defines Congress and its duties. It does NOT confer executive powers.
Executive power is defined in Article II.
Nowhere in the text of Article II and associated Amendments
(12th and 25th) does the Constitution grant the president
the power to determine the rules for naturalization. He has NO authority to
import aliens except under laws originated by Congress. No such law supporting
his authority currently exists. To put it succinctly, the president is in
violation of federal law when he fails
to stop illegal immigration or imports immigrants not specifically authorized
by Congress. President Obama is willing to do so. He is arrogant and imperial
in his demeanor. He believes he can usurp power and violate the oath he took to
protect and defend the Constitution. In other words, he is a dictator and
tyrant. Considering he was raised as a Muslim this should come as no surprise.
The Department of Justice under Mr. Obama has ruled that the
states cannot opt out of taking however many “refugees” the administration
cares to import. DOJ forgets the hierarchy of sovereignty under the
Constitution. When ratified, it was understood that the people were supreme in
sovereignty. Then came the several states and finally the federal government.
The federal government is a creation of the several states and is subordinate
to them except in those areas explicitly granted by the Constitution. All laws,
including Executive Orders, must pass Constitutional vetting. Mr. Obama’s
intention of importing thousands if not millions of Middle Eastern refugees
violates the text and intent of Article I, Section 8. Only Congress can waive
the requirements for admission and naturalization, and, those waivers must be
legal under the Constitution. Any attempt to import large numbers of hostile,
anti-American jihadists, is criminal and prosecutable. Over thirty states have
elected to protect their citizens since the federal government declines to do
so. The states are under no
Constitutional compulsion to follow unlawful legislation or executive orders.
In fact, they are compelled by the Constitution to refuse to follow such
travesties.
In any event, how does Mr. Obama intend to enforce his will?
Declare martial law? I suspect this will be a can of worms even
he can’t foresee or control. Under the Uniform Code of Military Justice (UCMJ)
the military is also under a compulsion to disobey unlawful orders. This no
doubt explains why Mr. Obama is arming every federal employee down to and
including the janitors. He expects the military to refuse his unlawful orders
so he has organized a cadre of alphabet agency thugs to do his bidding. We are
in for a really chaotic ride over the remainder of Mr. Obama’s term of “service”. I for one do not look
forward to the future.
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