President O'bama Stated He Would Employ Executive Action Concerning Immigration: Violates Separation Of Powers Doctrine - How Should Congress Respond?


Selene

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This Constitutional collision is potentially head on.

The Constitution clearly states that only Congress has the authority to establish “an uniform rule of naturalization.”

Apparently, this has never bbeen attempted, with the exception of President Carter.

But a blanket amnesty for millions, or even thousands, has yet to be attempted. President Carter did allow for about 100,000 Cuban refugees to flee political persecution in Cuba, but these were not cleared on an individual basis and it is now commonly accepted that Fidel Castro used that amnesty declaration to send undesirables such as criminals to the U.S. It saved him incarceration expenses. And the number given amnesty by Carter was much smaller than would be covered by Obama’s EO.

Use of the Presidential Pardon is another option:

Pardon is another power the president could use. He could pardon millions of illegal immigrants, but that implies he is pardoning them for something. That something usually refers to a crime for which they have been found guilty. Convicted persons petition the White House all the time for pardons. Usually specific reasons are given, such as that the conviction was based on an illegally obtained confession, or racial discrimination can be shown to be the basis of the conviction.

Here is the head on position...

Obama also stated that if Congress doesn’t resolve the immigration issue he will take executive action and resolve it himself, implying that he will issue a constitutionally improper executive order.

Completely extra Constitutional.

There is no precedent for such an action. The concept of amnesty has up to now been narrowly defined. There is some provision in current immigration law to bypass the normal rules of naturalization and hasten the process for those aliens who would suffer persecution or death if they remained in their native countries. It has long been recognized that the U.S. can serve as a sanctuary for those under politically-motivated persecution. But his has always been done on an individual basis, and the individual must petition, or at least apply, to Federal agencies in order to make this happen. The State department is usually consulted to see if the alien’s native country is in fact guilty of politically-motivated persecution.

http://www.americanthinker.com/articles/2014/11/obamas_amnesty_strategy.html

So what do OLers suggest the response be?

A...

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So what do OLers suggest the response be?

Obama, being a feminized liberal male, is teasing and taunting Congress to impeach him so that he can play the tar baby victim of white racism. The Holy Grail of the secular political religion of liberalism is to attain the sainthood of victim status... and Obama would positively squeal with delight if Congress was to be stupid enough to take the bait he's dangling in front of them.

I believe that Congress should just deny funding for Obama's scheme, much like a calm patient parent would deal with the irrational tantrums of a little child by restraining him. That is well within the boundaries of its lawful Constitutional function...

...and simply leave Obama alone to twist in the wind.

Congress should counter with their own immigration bill that mandates building a fence first... let Obama veto it to make his position clear to everyone... and then do their best to override his veto.

Greg

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What difference does it make what a Obama does?

No matter how much funding and totalitarian, unconstitutional, feminized, liberal power he has, he will still treat decent people decently, right?

"I tell you, if you live a life deserving of a decent government... the government will treat you decently.

So why should we decent people give a flip about what the dictators in Washington do? No tyrant has ever been able to penetrate the Force Field of Decency.

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What difference does it make what a Obama does?

No matter how much funding and totalitarian, unconstitutional, feminized, liberal power he has, he will still treat decent people decently, right?

"I tell you, if you live a life deserving of a decent government... the government will treat you decently.

So why should we decent people give a flip about what the dictators in Washington do? No tyrant has ever been able to penetrate the Force Field of Decency.

You are really getting tedious with this crap response dude.

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What difference does it make what a Obama does?

To me personally it doesn't matter... because I govern myself and don't need the government to do it for me. I consider politics to be entertainment like sports. You pick a team and root for it to win. The American Capitalist minority is my team because I'm one of them. :smile:

No matter how much funding and totalitarian, unconstitutional, feminized, liberal power he has, he will still treat decent people decently, right?

Yes.

The government's power is only over the unproductive failures who grant it their sanction to be its victims because they don't govern their own behavior.

We've covered this topic before and the answer is still the same: If you feel the government is not treating you fairly, Frank... it's your own damn fault for not living like an American. So if you want a decent government you need to first get your own life in order so as to deserve a decent government. Either way, you are already getting the government you deserve right here and now.

Greg

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What difference does it make what a Obama does?

To me personally it doesn't matter... because I govern myself and don't need the government to do it for me. I consider politics to be entertainment like sports. You pick a team and root for it to win. The American Capitalist minority is my team because I'm one of them. :smile:

You don't have to root for it. The American Capitalist minority team always wins. That's because our team is composed of decent folks, and decent folks always get what they deserve. The government, even in the hands of feminized liberals, will never be able penetrate the invisible force field of Americans with a high DQ.

Psycho_Barrier.jpg

Artist rendering of military grade laser deployed against American with a high DQ.

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What difference does it make what a Obama does?

To me personally it doesn't matter... because I govern myself and don't need the government to do it for me. I consider politics to be entertainment like sports. You pick a team and root for it to win. The American Capitalist minority is my team because I'm one of them. :smile:

You don't have to root for it. The American Capitalist minority team always wins. That's because our team is composed of decent folks, and decent folks always get what they deserve. The government, even in the hands of feminized liberals, will never be able penetrate the invisible force field of Americans with a high DQ.

Psycho_Barrier.jpg

Artist rendering of military grade laser deployed against American with a high DQ.

Really tedious Frank, or, don't you see it?

A...

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You don't have to root for it. The American Capitalist minority team always wins.

Correct, I don't have to. I want to, because I'd like other people to enjoy the freedom of living like Americans. If more people did, the big liberal government bureaucracy would crumble away for the lack of Americans' need of it.

The American Capitalist minority doesn't win as a team.

They win as sovereign individuals who share the same values.

Regarding the topic of this thread... I don't really hold high hopes for the Republicans, who are likely to get snookered like they have in the past by the feminized liberals who are far more devious than they are aware.

These are the two parties:

The Party of the Liars.

The Party of the Suckers.

Each deserves the other.

Greg

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What difference does it make what a Obama does?

To me personally it doesn't matter... because I govern myself and don't need the government to do it for me. I consider politics to be entertainment like sports. You pick a team and root for it to win. The American Capitalist minority is my team because I'm one of them. :smile:

No matter how much funding and totalitarian, unconstitutional, feminized, liberal power he has, he will still treat decent people decently, right?

Yes.

The government's power is only over the unproductive failures who grant it their sanction to be its victims because they don't govern their own behavior.

We've covered this topic before and the answer is still the same: If you feel the government is not treating you fairly, Frank... it's your own damn fault for not living like an American. So if you want a decent government you need to first get your own life in order so as to deserve a decent government. Either way, you are already getting the government you deserve right here and now.

Greg

I've already buried three revenue officers in my back yard (and one dog catcher).

--Brant

doing my part

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Correct, I don't have to. I want to, because I'd like other people to enjoy the freedom of living like Americans. If more people did, the big liberal government bureaucracy would crumble away for the lack of Americans' need of it.

The American Capitalist minority doesn't win as a team.

They win as sovereign individuals who share the same values.

Regarding the topic of this thread... I don't really hold high hopes for the Republicans, who are likely to get snookered like they have in the past by the feminized liberals who are far more devious than they are aware.

These are the two parties:

The Party of the Liars.

The Party of the Suckers.

Each deserves the other.

Greg

I want people who deserve freedom to get freedom. And people who don't deserve it to be denied it.

And that's the way things work right now, Morrie. Even under feminized liberals like Obama. Be it Mao or Jefferson, we'll always get what's coming to us. Whether the government grows into a monster ten times its present size or crumbles like the Tower of Babel, it won't affect decent Americans one bit. They'll still be getting exactly what they deserve.

And the crybabies who get corralled into socialist re-education camps? It's their own damn fault for not living like an American!

So what's the point of changing something that ain't broke?

Keep cheering if you want to. And while you're at it, give a cheer for two plus three to equal five. Without a strong fan base, who knows what might happen this season.

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What difference does it make what a Obama does?

To me personally it doesn't matter... because I govern myself and don't need the government to do it for me. I consider politics to be entertainment like sports. You pick a team and root for it to win. The American Capitalist minority is my team because I'm one of them. :smile:

No matter how much funding and totalitarian, unconstitutional, feminized, liberal power he has, he will still treat decent people decently, right?

Yes.

The government's power is only over the unproductive failures who grant it their sanction to be its victims because they don't govern their own behavior.

We've covered this topic before and the answer is still the same: If you feel the government is not treating you fairly, Frank... it's your own damn fault for not living like an American. So if you want a decent government you need to first get your own life in order so as to deserve a decent government. Either way, you are already getting the government you deserve right here and now.

Greg

I've already buried three revenue officers in my back yard (and one dog catcher).

--Brant

doing my part

That's very socially conscious of you to recycle them. :wink:

Greg

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I want people who deserve freedom to get freedom. And people who don't deserve it to be denied it.

That includes you.

If you don't have it,

you don't deserve it.

I'll leave your histrionics unresponded. You're getting silly.

Greg

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So stop rooting for more people to get freedom. The deserving folks already have it. Right here and now. And they are the only ones that should have it.

When you root for people to get something that they don't have, you are granting your sanction to the awarding of the undeserved.

And you must never, ever grant sanction to evil!

328332_1_sanction-goes-md--all-daynight-

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I want people who deserve freedom to get freedom. And people who don't deserve it to be denied it.

That includes you.

If you don't have it,

you don't deserve it.

I'll leave your histrionics unresponded. You're getting silly.

Greg

He insists on arguing with you to get the Greg he wants and deserves. This is a special dance you are both doing that I call "The Vice Versa!" As long as everybody dances everybody is happy in spite of the scowling. This is the opposite of the happy clown face but the same underneath it.

--Brant

I do it too, but my feet move differently to the same music I call "silly" and my face is "normal" (but underneath I'm all fucked up)

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The comedy tragedy masks...

http://www.angelfire.com/art/masks/maskhistory.html

A...

vice and device < I have no idea what that means - Brant typed it!

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If he does let the new Congress (in particular the House) pass a Bill of Impeachment. It probably will not succeed with a removal but it should deter the man from trying over extra-constitutional funny business.

This also might be a good time to amend the Constitution to permit recall of elected officials, including the President.

Here is my fantasy reform. Make every elected official receive an explosive implant. If 2/3 of the registered voters send a signal it explodes killing the office holder. If the office hold has it removed (always an option) then that is a resignation from office.

Ba'al Chatzaf

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President Obama is once again trying to mislead Americans, but he can’t run from what he’s said over and over (and over) again. Not only are Americans not stupid – they can read:

I take the Constitution very seriously. The biggest problems that we’re facing right now have to do with [the president] trying to bring more and more power into the executive branch and not go through Congress at all. And that’s what I intend to reverse when I’m President of the United States of America.” (3/31/08)

We’ve got a government designed by the Founders so that there’d be checks and balances. You don’t want a president who’s too powerful or a Congress that’s too powerful or a court that’s too powerful. Everybody’s got their own role. Congress’s job is to pass legislation. The president can veto it or he can sign it. … I believe in the Constitution and I will obey the Constitution of the United States. We're not going to use signing statements as a way of doing an end-run around Congress.” (5/19/08)

“Comprehensive reform, that's how we're going to solve this problem. … Anybody who tells you it's going to be easy or that I can wave a magic wand and make it happen hasn't been paying attention to how this town works.” (5/5/10)

“[T]here are those in the immigrants’ rights community who have argued passionately that we should simply provide those who are [here] illegally with legal status, or at least ignore the laws on the books and put an end to deportation until we have better laws. ... I believe such an indiscriminate approach would be both unwise and unfair. It would suggest to those thinking about coming here illegally that there will be no repercussions for such a decision. And this could lead to a surge in more illegal immigration. And it would also ignore the millions of people around the world who are waiting in line to come here legally. Ultimately, our nation, like all nations, has the right and obligation to control its borders and set laws for residency and citizenship. And no matter how decent they are, no matter their reasons, the 11 million who broke these laws should be held accountable.” (7/1/10)

“I do have an obligation to make sure that I am following some of the rules. I can't simply ignore laws that are out there. I've got to work to make sure that they are changed.” (10/14/10)

I am president, I am not king. I can't do these things just by myself. We have a system of government that requires the Congress to work with the Executive Branch to make it happen. I'm committed to making it happen, but I've got to have some partners to do it. … The main thing we have to do to stop deportations is to change the laws. … [T]he most important thing that we can do is to change the law because the way the system works – again, I just want to repeat, I'm president, I'm not king. If Congress has laws on the books that says that people who are here who are not documented have to be deported, then I can exercise some flexibility in terms of where we deploy our resources, to focus on people who are really causing problems as a opposed to families who are just trying to work and support themselves. But there's a limit to the discretion that I can show because I am obliged to execute the law. That's what the Executive Branch means. I can't just make the laws up by myself. So the most important thing that we can do is focus on changing the underlying laws.” (10/25/10)

“America is a nation of laws, which means I, as the President, am obligated to enforce the law. I don't have a choice about that. That's part of my job. But I can advocate for changes in the law so that we have a country that is both respectful of the law but also continues to be a great nation of immigrants. … With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed …. [W]e’ve got three branches of government. Congress passes the law. The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws. There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.” (3/28/11)

“I can't solve this problem by myself. … [W]e're going to have to have bipartisan support in order to make it happen. … I can't do it by myself. We're going to have to change the laws in Congress, but I'm confident we can make it happen.” (4/20/11)

“I know some here wish that I could just bypass Congress and change the law myself. But that’s not how democracy works. See, democracy is hard. But it’s right. Changing our laws means doing the hard work of changing minds and changing votes, one by one.” (4/29/11)

“Sometimes when I talk to immigration advocates, they wish I could just bypass Congress and change the law myself. But that’s not how a democracy works. What we really need to do is to keep up the fight to pass genuine, comprehensive reform. That is the ultimate solution to this problem. That's what I’m committed to doing.” (5/10/11)

I swore an oath to uphold the laws on the books …. Now, I know some people want me to bypass Congress and change the laws on my own. Believe me, the idea of doing things on my own is very tempting. I promise you. Not just on immigration reform. But that's not how our system works. That’s not how our democracy functions. That's not how our Constitution is written.” (7/25/11)

“So what we’ve tried to do is within the constraints of the laws on the books, we’ve tried to be as fair, humane, just as we can, recognizing, though, that the laws themselves need to be changed. … The most important thing for your viewers and listeners and readers to understand is that in order to change our laws, we’ve got to get it through the House of Representatives, which is currently controlled by Republicans, and we’ve got to get 60 votes in the Senate. … Administratively, we can't ignore the law. … I just have to continue to say this notion that somehow I can just change the laws unilaterally is just not true. We are doing everything we can administratively. But the fact of the matter is there are laws on the books that I have to enforce. And I think there’s been a great disservice done to the cause of getting the DREAM Act passed and getting comprehensive immigration passed by perpetrating the notion that somehow, by myself, I can go and do these things. It’s just not true. … We live in a democracy. You have to pass bills through the legislature, and then I can sign it. And if all the attention is focused away from the legislative process, then that is going to lead to a constant dead-end. We have to recognize how the system works, and then apply pressure to those places where votes can be gotten and, ultimately, we can get this thing solved.” (9/28/11)

In June 2012, President Obama unilaterally granted deferred action for childhood arrivals (DACA), allowing “eligible individuals who do not present a risk to national security or public safety … to request temporary relief from deportation proceedings and apply for work authorization.” He then argued that he had already done everything he could legally do on his own:

“Now, what I’ve always said is, as the head of the executive branch, there’s a limit to what I can do. Part of the reason that deportations went up was Congress put a whole lot of money into it, and when you have a lot of resources and a lot more agents involved, then there are going to be higher numbers. What we’ve said is, let’s make sure that you’re not misdirecting those resources. But we’re still going to, ultimately, have to change the laws in order to avoid some of the heartbreaking stories that you see coming up occasionally. And that’s why this continues to be a top priority of mine. … And we will continue to make sure that how we enforce is done as fairly and justly as possible. But until we have a law in place that provides a pathway for legalization and/or citizenship for the folks in question, we’re going to continue to be bound by the law. … And so part of the challenge as President is constantly saying, ‘what authorities do I have?’” (9/20/12)

“We are a nation of immigrants. … But we're also a nation of laws. So what I've said is, we need to fix a broken immigration system. And I've done everything that I can on my own[.]” (10/16/12)

I'm not a king. I am the head of the executive branch of government. I'm required to follow the law. And that's what we've done. But what I've also said is, let's make sure that we're applying the law in a way that takes into account people's humanity. That's the reason that we moved forward on deferred action. Within the confines of the law we said, we have some discretion in terms of how we apply this law.” (1/30/13)

I’m not a king. You know, my job as the head of the executive branch ultimately is to carry out the law. And, you know, when it comes to enforcement of our immigration laws, we’ve got some discretion. We can prioritize what we do. But we can’t simply ignore the law. When it comes to the dreamers, we were able to identify that group and say, ‘These folks are generally not a risk. They’re not involved in crime. … And so let’s prioritize our enforcement resources.’ But to sort through all the possible cases of everybody who might have a sympathetic story to tell is very difficult to do. This is why we need comprehensive immigration reform. To make sure that once and for all, in a way that is, you know, ratified by Congress, we can say that there is a pathway to citizenship for people who are staying out of trouble, who are trying to do the right thing, who’ve put down roots here. … My job is to carry out the law. And so Congress gives us a whole bunch of resources. They give us an order that we’ve got to go out there and enforce the laws that are on the books. … If this was an issue that I could do unilaterally I would have done it a long time ago. … The way our system works is Congress has to pass legislation. I then get an opportunity to sign it and implement it.” (1/30/13)

“This is something I’ve struggled with throughout my presidency. The problem is that I’m the president of the United States, I’m not the emperor of the United States. My job is to execute laws that are passed. And Congress right now has not changed what I consider to be a broken immigration system. And what that means is that we have certain obligations to enforce the laws that are in place even if we think that in many cases the results may be tragic.” (2/14/13)

“I think that it is very important for us to recognize that the way to solve this problem has to be legislative. I can do some things and have done some things that make a difference in the lives of people by determining how our enforcement should focus. … And we’ve been able to provide help through deferred action for young people …. But this is a problem that needs to be fixed legislatively.” (7/16/13)

“My job in the executive branch is supposed to be to carry out the laws that are passed. Congress has said ‘here is the law’ when it comes to those who are undocumented, and they've allocated a whole bunch of money for enforcement. And, what I have been able to do is to make a legal argument that I think is absolutely right, which is that given the resources that we have, we can't do everything that Congress has asked us to do. What we can do is then carve out the DREAM Act folks, saying young people who have basically grown up here are Americans that we should welcome. … But if we start broadening that, then essentially I would be ignoring the law in a way that I think would be very difficult to defend legally. So that's not an option. … What I've said is there is a there's a path to get this done, and that's through Congress.” (9/17/13)

f, in fact, I could solve all these problems without passing laws in Congress, then I would do so. But we’re also a nation of laws. That’s part of our tradition. And so the easy way out is to try to yell and pretend like I can do something by violating our laws. And what I’m proposing is the harder path, which is to use our democratic processes to achieve the same goal that you want to achieve. … It is not simply a matter of us just saying we’re going to violate the law. That’s not our tradition. The great thing about this country is we have this wonderful process of democracy, and sometimes it is messy, and sometimes it is hard, but ultimately, justice and truth win out.” (11/25/13)

“I am the Champion-in-Chief of comprehensive immigration reform. But what I’ve said in the past remains true, which is until Congress passes a new law, then I am constrained in terms of what I am able to do. What I’ve done is to use my prosecutorial discretion, because you can’t enforce the laws across the board for 11 or 12 million people, there aren’t the resources there. What we’ve said is focus on folks who are engaged in criminal activity, focus on people who are engaged in gang activity. Do not focus on young people, who we’re calling DREAMers …. That already stretched my administrative capacity very far. But I was confident that that was the right thing to do. But at a certain point the reason that these deportations are taking place is, Congress said, ‘you have to enforce these laws.’ They fund the hiring of officials at the department that’s charged with enforcing. And I cannot ignore those laws any more than I could ignore, you know, any of the other laws that are on the books. That’s why it’s so important for us to get comprehensive immigration reform done this year.” (3/6/14)

“I think that I never have a green light [to push the limits of executive power]. I’m bound by the Constitution; I’m bound by separation of powers. There are some things we can’t do. Congress has the power of the purse, for example. … Congress has to pass a budget and authorize spending. So I don’t have a green light. … My preference in all these instances is to work with Congress, because not only can Congress do more, but it’s going to be longer-lasting.” (8/6/14)

Amazing pathological liar...

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If he does let the new Congress (in particular the House) pass a Bill of Impeachment...

I really hope the new Congress isn't stupid enough to take the bait.

Impeachment would be the ultimate distraction Obama has been praying for Allah to give him.

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On November 20th, 2014, Lawbreaker-in-Chief Barack Obama is evidently going to exercise profound legal power that he doesn't have. He's going to assert massive governmental authority that he lacks. This is the act of a criminal and tyrant. For this he should be immediately removed from office and jailed for life.

The powers of the American federal government are limited and enumerated. The executive powers are far more so. The Constitution spells them out.

Immigration law in the United States is made by the legislature. All federal laws in the United States are made by the legislature. The President has no genuine or legitimate ability to enact, repeal, or alter any law. Indeed, it's the job of the executive branch of the government to enforce the laws passed by the Congress: to see to it that they're followed by all, and faithfully, properly carried out. This is so whether or not the executive branch agrees with the legislative branch or not. The law is the law.

And America is a nation ruled by law -- not by men. The chief law is the Constitution. When the chief executive is sworn into office he vows a sacred oath not to improve the country, nor to serve the people, but to "preserve, protect, and defend the Constitution of the United States."

The Constitution is the vehicle for improving the country and serving the people. It's a vital mechanism and dominating institution which can not and must not be skipped or overridden or crushed. Any government official who attempts such an abomination should himself be summarily, ruthlessly, brutally, entirely crushed.

Current American immigration law is mostly that of the disastrous, anti-Western, anti-American, anti-white Immigration and Nationality Act of 1965, especially as altered by the similar, but somewhat less disastrous, Immigration Act of 1990. Congress made these laws; the president did not. Congress can change them at will; the president can not.

In response to the upcoming executive branch usurpation -- the brazen act of criminality and tyranny by Obama -- the Congress needs to contact the U.S. Citizenship and Immigration Services (USCIS), the U.S. Immigration and Customs Enforcement (ICE), the U.S. Customs and Border Protection (CBP), and all other relevant authorities, and inform them that they better enforce the law -- the real law -- or they're going to find themselves out of a job and in jail. They should tell Obama the same.

Congress needs to tell all law enforcement officials -- including those in the White House -- that they better not obey the illegitimate, unauthorized, unconstitutional dictates of some criminal tyrant who has no legislative power or authority. The decrees of dictators are not to be obeyed.

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Congress needs to tell all law enforcement officials -- including those in the White House -- that they better not obey the illegitimate, unauthorized, unconstitutional dictates of some criminal tyrant who has no legislative power or authority. The decrees of dictators are not to be obeyed.

You ain't from around here are ya boy?

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