Your Daley Gator Unconstitutional Executive Amnesty News Update

Obama: Illegal Alien Wife Beaters Who Claim To Have An Abusive Childhood… Can Stay – Universal Free Press

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A recent Department of Homeland Security (DHS) internal memo has revealed a new policy, which will allow untold numbers of illegal aliens who have been convicted of domestic violence to avoid deportation. The measure is part of Obama’s ‘executive order amnesty.’

On Nov. 20, DHS chief Jeh Johnson issued the memo, entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants,” which among other items, classifies illegal aliens with domestic violence convictions as “Priority 2″ offenders.

The memo states:

“Aliens described in this priority , who are also not described in Priority 1, represent the second-highest priority for apprehension and removal. Resources should be dedicated accordingly to the removal of the following: aliens convicted of a “significant misdemeanor,” which for these purposes is an offense of domestic violence…”

However, a footnote to the paragraph reads:

“ln evaluating whether the offense is a significant misdemeanor involving …domestic violence,” careful consideration should be given to whether the convicted alien was also the victim of domestic violence; if so, this should be a mitigating factor.”

In other words… he gets to stay!

So, if an illegal alien is convicted of domestic violence for beating his girlfriend or wife, he can simply claim that he was once a victim of abuse as well, and he can continue to live his life in what is becoming a lawless nation.

This is yet another ploy by a criminal president to allow criminal aliens to stay in the country.

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*VIDEO* Saturday Night Live Rips Obama A New One Over His Unconstitutional Executive Amnesty Order


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*VIDEO* Obama Repeatedly Declares Executive Amnesty Unconstitutional… Then Grants Amnesty To Millions Of Illegals


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Federal Court Rules D.C. Ban On Handguns Outside The Home Unconstitutional

Federal Judge Rules DC Ban On Gun Carry Rights Unconstitutional – Fox News

A federal judge in the District of Columbia on Saturday overturned the city’s total ban on residents being allowed to carry firearms outside their home in a landmark decision for gun-rights activists.

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Judge Frederick Scullin Jr. wrote in his ruling in Palmer v. District of Columbia that the right to bear arms extends outside the home, therefore gun-control laws in the nation’s capital are “unconstitutional.”

“We won,” Alan Gura, the lead attorney for the Second Amendment Foundation, told Fox News in a phone interview. “I’m very pleased with the decision that the city can’t forbid the exercise of a fundamental constitutional right.”

Gura said he expects the District to appeal this decision but added, “We’ll be happy to keep the fight going.”

The decision leaves no gray area in gun-carrying rights.

Judge Scullin extensively referenced the Supreme Court decisions in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) to concluding “there is no longer any basis on which this court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.”

The court ordered the city to now allow residents from the District and other states to carry weapon within its boundaries.

Judge Scullin wrote that the court “enjoins Defendants from enforcing the home limitations of [D.C. firearms laws] unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.”

The defendants are the city government and Police Chief Cathy L. Lanier.

This case has dragged in the courts for five years. Gura has twice asked the federal appeals court to force Judge Scullin to issue a decision. The five plaintiffs filed in 2009, and the case was argued twice, most recently in Oct. 2012.

George Lyon, a D.C. resident and registered gun owner is one of the plaintiffs in Palmer.

“I am gratified that after a long wait our right to protect ourselves and our families has been vindicated,” Lyon, a lawyer, said Saturday.

He urged Mayor Vincent Gray, a Democrat, and the Democrat-controlled City Council to “swiftly enact a concealed carry law that protects the rights of law abiding citizens to protect themselves.”

Gray did not respond to request for comment.

City Council Chairman Phil Mendelson said Sunday that he just learned of the ruling and had yet to read the opinion.

However, he said because of the District’s unique national security concerns, the right to carry a firearm in public “must be more heavily restricted than any place else in the nation.”

“Four U.S. presidents have been assassinated by gunfire, and at least five others have been shot at, including Ronald Regan who was seriously wounded in 1981,” he said. “Neither the Secret Service nor the Capitol Police will disclose all incidents where they have recovered firearms, but we do know that just two years ago someone hit the White House with gunfire, and there are frequent threats on the foreign diplomatic corps.”

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Sheriffs Refuse To Enforce Unconstitutional Gun Control Laws

Sheriffs Refuse To Enforce Laws On Gun Control – New York Times

When Sheriff John Cooke of Weld County explains in speeches why he is not enforcing the state’s new gun laws, he holds up two 30-round magazines. One, he says, he had before July 1, when the law banning the possession, sale or transfer of the large-capacity magazines went into effect. The other, he “maybe” obtained afterward.

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He shuffles the magazines, which look identical, and then challenges the audience to tell the difference.

“How is a deputy or an officer supposed to know which is which?” he asks.

Colorado’s package of gun laws, enacted this year after mass shootings in Aurora, Colo., and Newtown, Conn., has been hailed as a victory by advocates of gun control. But if Sheriff Cooke and a majority of the other county sheriffs in Colorado offer any indication, the new laws – which mandate background checks for private gun transfers and outlaw magazines over 15 rounds – may prove nearly irrelevant across much of the state’s rural regions.

Some sheriffs, like Sheriff Cooke, are refusing to enforce the laws, saying that they are too vague and violate Second Amendment rights. Many more say that enforcement will be “a very low priority,” as several sheriffs put it. All but seven of the 62 elected sheriffs in Colorado signed on in May to a federal lawsuit challenging the constitutionality of the statutes.

The resistance of sheriffs in Colorado is playing out in other states, raising questions about whether tougher rules passed since Newtown will have a muted effect in parts of the American heartland, where gun ownership is common and grass-roots opposition to tighter restrictions is high.

In New York State, where Gov. Andrew M. Cuomo signed one of the toughest gun law packages in the nation last January, two sheriffs have said publicly they would not enforce the laws – inaction that Mr. Cuomo said would set “a dangerous and frightening precedent.” The sheriffs’ refusal is unlikely to have much effect in the state: According to the state’s Division of Criminal Justice Services, since 2010 sheriffs have filed less than 2 percent of the two most common felony gun charges. The vast majority of charges are filed by the state or local police.

In Liberty County, Fla., a jury in October acquitted a sheriff who had been suspended and charged with misconduct after he released a man arrested by a deputy on charges of carrying a concealed firearm. The sheriff, who was immediately reinstated by the governor, said he was protecting the man’s Second Amendment rights.

And in California, a delegation of sheriffs met with Gov. Jerry Brown this fall to try to persuade him to veto gun bills passed by the Legislature, including measures banning semiautomatic rifles with detachable magazines and lead ammunition for hunting (Mr. Brown signed the ammunition bill but vetoed the bill outlawing the rifles).

“Our way of life means nothing to these politicians, and our interests are not being promoted in the legislative halls of Sacramento or Washington, D.C.,” said Jon E. Lopey, the sheriff of Siskiyou County, Calif., one of those who met with Governor Brown. He said enforcing gun laws was not a priority for him, and he added that residents of his rural region near the Oregon border are equally frustrated by regulations imposed by the federal Forest Service and the Environmental Protection Agency.

This year, the new gun laws in Colorado have become political flash points. Two state senators who supported the legislation were recalled in elections in September; a third resigned last month rather than face a recall. Efforts to repeal the statutes are already in the works.

Countering the elected sheriffs are some police chiefs, especially in urban areas, and state officials who say that the laws are not only enforceable but that they are already having an effect. Most gun stores have stopped selling the high-capacity magazines for personal use, although one sheriff acknowledged that some stores continued to sell them illegally. Some people who are selling or otherwise transferring guns privately are seeking background checks.

Eric Brown, a spokesman for Gov. John W. Hickenlooper of Colorado, said, “Particularly on background checks, the numbers show the law is working.” The Colorado Bureau of Investigation has run 3,445 checks on private sales since the law went into effect, he said, and has denied gun sales to 70 people.

A Federal District Court judge last month ruled against a claim in the sheriffs’ lawsuit that one part of the magazine law was unconstitutionally vague. The judge also ruled that while the sheriffs could sue as individuals, they had no standing to sue in their official capacity.

Still, the state’s top law enforcement officials acknowledged that sheriffs had wide discretion in enforcing state laws.

“We’re not in the position of telling sheriffs and chiefs what to do or not to do,” said Lance Clem, a spokesman for the Colorado Department of Public Safety. “We have people calling us all the time, thinking they’ve got an issue with their sheriff, and we tell them we don’t have the authority to intervene.”

Sheriffs who refuse to enforce gun laws around the country are in the minority, though no statistics exist. In Colorado, though, sheriffs like Joe Pelle of Boulder County, who support the laws and have more liberal constituencies that back them, are outnumbered.

“A lot of sheriffs are claiming the Constitution, saying that they’re not going to enforce this because they personally believe it violates the Second Amendment,” Sheriff Pelle said. “But that stance in and of itself violates the Constitution.”

Even Sheriff W. Pete Palmer of Chaffee County, one of the seven sheriffs who declined to join the federal lawsuit because he felt duty-bound to carry out the laws, said he was unlikely to aggressively enforce them. He said enforcement poses “huge practical difficulties,” and besides, he has neither the resources nor the pressure from his constituents to make active enforcement a high priority. Violations of the laws are misdemeanors.

“All law enforcement agencies consider the community standards – what is it that our community wishes us to focus on – and I can tell you our community is not worried one whit about background checks or high-capacity magazines,” he said.

At their extreme, the views of sheriffs who refuse to enforce gun laws echo the stand of Richard Mack, a former Arizona sheriff and the author of “The County Sheriff: America’s Last Hope.” Mr. Mack has argued that county sheriffs are the ultimate arbiters of what is constitutional and what is not. The Constitutional Sheriffs and Peace Officers Association, founded by Mr. Mack, is an organization of sheriffs and other officers who support his views.

“The Supreme Court does not run my office,” Mr. Mack said in an interview. “Just because they allow something doesn’t mean that a good constitutional sheriff is going to do it.” He said that 250 sheriffs from around the country attended the association’s recent convention.

Matthew J. Parlow, a law professor at Marquette University, said that some states, including New York, had laws that allowed the governor in some circumstances to investigate and remove public officials who engaged in egregious misconduct – laws that in theory might allow the removal of sheriffs who failed to enforce state statutes.

But, he said, many governors could be reluctant to use such powers. And in most cases, any penalty for a sheriff who chose not to enforce state law would have to come from voters.

Sheriff Cooke, for his part, said that he was entitled to use discretion in enforcement, especially when he believed the laws were wrong or unenforceable.

“In my oath it says I’ll uphold the U.S. Constitution and the Constitution of the State of Colorado,” he said, as he posed for campaign photos in his office – he is running for the State Senate in 2014. “It doesn’t say I have to uphold every law passed by the Legislature.”

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Obama’s Insane And Unconstitutional War On Coal Continues

EPA Carbon Limits Lower Boom On Coal – Watchdog

Leave it to the Environmental Protection Agency to come up with regulatory standards so restrictive that the technology to meet them has yet to be commercially tested.

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As expected, the EPA on Friday unveiled its revised proposal to cap greenhouse gas emissions from new power plants. And as expected, coal-fired power plants will fail to meet the limits without some very expensive technology to capture and store carbon emissions.

“There’s the rub. No commercial, coal-fired plant worldwide has yet to use this technology,” notes a story in USA Today.

As the piece points out, there are least two such carbon storage power plants under construction – one in Canada’s Saskatchewan Province, and the other in Mississippi’s Kemper County, scheduled to open in May.

But the coal-fired power industry need only look to Mississippi for a cautionary tale. The $4.7-billion project has been saddled with at least $1 billion in cost overruns, “a stew of legal battles, a revolt by ratepayers and a credit downgrade for the local utility,” according to Bloomberg News story published Thursday.

And, as the story points out, consumers ultimately will foot the bill for the expensive technology in the 582-megawatt plant, the first of its kind to be built on a commercial scale.

“By some measures, it may be one of the most expensive power plants ever built for the watts of energy it will generate,” Bloomberg notes. “The utility got approval to recoup $2.88 billion in costs from ratepayers. In addition, the Department of Energy pledged $270 million, and the company qualified for a federal tax credit of $133 million. The costs of the new lignite mine and carbon dioxide pipelines are additional.”

Coal industry officials earlier this week told Watchdog.org the restrictive limits on CO2 could kill coal, and with it, many of the 800,000 good-paying jobs it supports.

“That is the area that is really going to put this conversation at the forefront,” said Nancy Gravatt, spokeswoman for the National Mining Association, which represents coal and mineral mining companies nationwide. “This puts thousands of middle-class jobs at risk, and it’s akin to an energy tax on consumers. The hardest hit would be those on fixed incomes, like retirees.”

EPA Administrator Gina McCarthy said Americans have a “moral obligation to the next generation” to protect the environment. She said the proposal is a “necessary step to address a public health challenge,” according to the USA Today story. McCarthy, in a speech Friday morning at the National Press Club in Washington, D.C., said the proposed standards create a “path forward” for the coal industry, and that the CO2 limits are both achievable and flexible.

The U.S. Chamber of Commerce in a statement basically said the EPA blew it.

“The EPA had the chance to craft a regulation that recognized the value of the ‘all of the above’ energy strategy endorsed by President Obama, and ensured that standards were achievable and based upon commercially and economically viable technology. Instead, they have released yet another major regulation that will hamper economic growth and job creation, and could lead to higher energy costs for American families and businesses,” said Bruce Josten, the chamber’s vice president for Government Affairs.

“It is clear that the EPA is continuing to move forward with a strategy that will write off our huge, secure, affordable coal resources by essentially outlawing the construction of new coal plants.”

Jo Ann Emerson, former Missouri Republican congresswoman and now CEO of the National Rural Electric Cooperative Association, earlier this week said the administration is “gambling with the economic well-being of future generations and our nation’s economy.”

“As not-for-profit, consumer-owned utilities, electric co-ops are deeply concerned about maintaining affordable, reliable electricity. It’s worth noting that residents of rural communities already spend more per capita on energy than anywhere else,” Emerson said in a statement.

Environmentalists, of course, rejoiced.

“In the words of our Vice-President, this is a BFD,” celebrated the Sierra Club in a blog post.

“If finalized as written, the draft will make it impossible to build a new, conventional, climate-destroying coal plant in the U.S. With climate-related disasters already landing on the doorsteps of millions of Americans, from Western wildfires to Superstorm Sandy, this new protection comes as welcome news.

Jason Hayes, associate director of the American Coal Council, fully expects the proposal to be challenged in court.

“The same thing that happened with the CSAPR Rule… Everyone was going forward before it was remanded by the D.C. court,” Hayes told Watchdog.org Friday.

The U.S. Court of Appeals in 2011 vacated the EPA’s Cross State Air Pollution Rule, often pronounced Casper, and the associated implementation plans and remanded the rule back to the EPA following widespread criticism.

The coal industry and other critics of the EPA’s proposal predict the strict limits will batter a U.S. economy struggling to recover, and stall the strides the industry has made in cutting CO2 output.

“Regulators are setting the bar so high that, even the new plants with the most advanced technologies would not be allowed,” Hal Quinn, CEO and president of the National Mining Association, said in a video released Friday. “Without coal our utility bills will be higher, our industries less competitive, electricity reliability compromised, and of course tens of thousands of jobs lost.”

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GOP Congressmen Say Senate Immigration Bill Is Unconstitutional

GOP Reps: Senate Immigration Bill Unconstitutional For Raising Revenues – Big Government

Rep. Dave Camp (R-MI), the chairman of the House Ways and Means Committee, tweeted Wednesday evening that the Senate’s immigration bill is unconstitutional because it raises revenues and originated in the Senate instead of the House.

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“Chairman Camp: Senate immigration bill a revenue bill; unconstitutional and cannot be taken up by the House,” the official House and Ways Means Committee Twitter account sent out Wednesday evening.

As of this writing, Senate Majority Leader Harry Reid has not sent the immigration bill that passed the Senate 68-32 to the House of Representatives. Rep. Steve Stockman (R-TX) announced that news in a late Wednesday statement, after circulating a “dear colleague” letter arguing the Senate immigration bill was unconstitutional because it raised revenue and did not originate in the House.

Language in the U.S. Constitution requires any bill that raises revenue, also known as a tax, must originate in the House of Representatives, not the Senate. America’s founders included that language because they believed the House was more accountable to the people of the country than the Senate, which was elected at that time by state legislators rather than through a direct vote. That clause of the Constitution is called the “origination clause” and reads as such: “All Bills for raising Revenue shall originate in the House of Representatives.”

When such a revenue-raising bill comes out of the Senate, the Speaker of the House, currently Rep. John Boehner (R-OH), can use a procedure called a “blue slip resolution” to automatically kill it on the grounds that it is unconstitutional. Stockman has been promising to attempt to kill the Senate’s bill that way and, as such, Reid has refused to send it to the House, thereby protecting the bill from being “blue slipped.” The term “blue slip,” Stockman’s office noted in a release, comes from the blue color of the paper on which a resolution is printed that returns a Senate bill back to the Senate in these situations.

“Even Harry Reid now admits the Senate’s amnesty bill is unconstitutional and cannot become law,” Stockman said in a Wednesday evening statement. “Any bill that raises revenue must start in the House. By creating their own amnesty taxes Senate Democrats broke the rules. Senate Democrats were so hell-bent on ramming through a gift to radical political activists they didn’t bother to check if it was even legal.”

“They got caught trying to sneak an illegal bill past the Constitution’s borders,” Stockman added.

Stockman’s office notes that Section 2102 of the bill “requires the payment of certain taxes and forgives the payment of other taxes as a condition of receiving amnesty and other benefits.”

Stockman’s office also cites the Congressional Budget Office (CBO) score of the bill from June 18, which states in part that “enacting S. 744 would have a wide range of effects on federal revenues, including changes in collections of income and payroll taxes, certain visa fees that are classified as revenues, and various fines and penalties. Taken together, those effects would increase revenues by $459 billion over the 2014-2023 period, according to estimates by JCT and CBO.”

On Wednesday, Stockman sent around a letter to his colleagues on Capitol Hill asking if they would back him in this argument. It appears many of his colleagues have, but a list was not immediately available.

Stockman sent a similar letter to Camp, the chairman of the House Ways and Means Committee, because Camp’s committee has jurisdiction over tax issues in the House.

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