Wednesday, February 18, 2015

Obama's Own Words On Immigration Come Back To Bite Him

President Obama is a trained lawyer and he, more than many of us, should understand that "intent" (mens rea) is a strong determinant in deciding a case against someone or something.  For example, it is very difficult to claim that the death of someone is accidental when, in fact, the person who caused that person's death is "on record" vowing to kill them.  Even in contract disputes, the intent of the contractual parties, or of paragraphs contained within a contract, are often the final determinant in settling a dispute.

So, it is almost laughable that this President is on record, at least twice, saying the he "changed the law" when he took executive action to give amnesty to 4.5 million illegal immigrants.  The judge weighing the validity of his action took that into serious consideration because it shows that Obama's "intent" was to go outside his responsibilities under the Constitution and change the law.  Something that only Congress has the authority to do.  Something that he said he couldn't do 22 times before using his executive action to allow amnesty for illegals.

Thus, instead of having a legal argument as to whether the President has the Constitutional authority to give amnesty to 4.5 million illegals, his Justice Department is now saddled with trying to defend or somehow negate Obama's "on record" intention to violate the Constitution.

References:

Federal judge halts Obama amnesty; White House to appeal: http://www.washingtontimes.com/news/2015/feb/17/judge-andrew-s-hanen-halts-obama-amnesty/

Obama changes tune on immigration: Yes, I changed the law: http://www.washingtonexaminer.com/obama-changes-tune-on-immigration-yes-i-changed-the-law/article/2556678

VIDEO: Boehner quotes all 22 times Obama said he couldn't use executive amnesty: http://www.washingtonexaminer.com/video-boehner-quotes-all-22-times-obama-said-he-couldnt-use-executive-amnesty/article/2558638

Legal: Intent: http://legal-dictionary.thefreedictionary.com/intent

Contract Interpretation: http://contracts.lawyers.com/contracts/contract-interpretation.html

Mens rea: https://www.google.com/search?q=mens+rea&ie=utf-8&oe=utf-8


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