Fern
Elite Member
- Sep 30, 2003
- 26,907
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-snip-
Yes, Obama is within his legal authority to grant mass amnesty.
On what basis do you claim this?
Federal Power to Regulate Immigration
The Constitution does not directly address the sources of federal power to regulate which non-U.S. nationals (aliens) may enter and remain in the United States, or to establish the conditions of their continued presence within the country. However, several of the enumerated powers of the federal government have been construed as authorizing such regulation. The powers to establish a uniform rule of naturalization and regulate commerce are arguably the most commonly cited provisions, particularly in recent years.
Various authorities related to foreign affairs have also been routinely cited as providing support for particular enactments and activities in the field of
immigration. In addition, in some cases, the Supreme Court has suggested that federal regulation of immigration is grounded in the federal governments inherent power as a sovereign to control and conduct foreign relations.
Many, although not all, of these powers belong exclusively to Congress,
and courts and commentators have sometimes used language which implies that Congress is preeminent in the field of immigration. For example, it has frequently been said that Congress has plenary power over immigration,
and that over no conceivable subject is the legislative power of Congress
more complete than it is over immigration. In some cases, courts have even suggested that the executive branchs authority over immigration arises from a delegation of congressional power, as is the case with other Article I powers, although Article I does not give Congress clear supremacy
over immigration, as previously noted.
http://fas.org/sgp/crs/misc/R42924.pdf
The above is rather typical of the legal memo's I've seen on this subject. Certainly, all have mentioned "plenary power".
Prosecutorial discretion had been used by the Obama admin to avoid enforcement of immigration statutes currently on the books. But IMO handing out Green Cards has nothing to do with prosecutorial discretion.
So, ATM, I disagree with your claim but am curious to see what you base it upon.
TIA
Fern