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Can someone explain how DACA is unconstitutional? Google results

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Can someone explain how DACA is unconstitutional? Google results is just a bunch of shit telling me why it isn't.
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>letting immigrants stay in your country and then giving them free school while every other immigrant has to have 50k in the bank and work their ass off to pay for school.

Where does it say in the constitution that non americans get free school and welfare in america?

Oh right you are a fucking retard. Sage.
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>>140561717
Chill dude. Just looking for a straight answer.

>Where does it say in the constitution that non americans get free school and welfare in america?
What are you on about?
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>>140561717
Basically this, you can't be a nationalist and still accept that foreigners should be privileged over the locals. This sort of cosmopolitanism is bribing foreigners to cause brain drain in the best of cases and an influx of criminals in the worst.

Do you know who is really eager to leave their home country despite being uniquely capable of opportunities in that country? Criminals. Criminals would rather leave the country, leave their family and friends, leave the place they know and go to your country to drink your tax dollars.

Most of these people aren't even adventurers or economic migrants, they're criminals fleeing either authorities or criminal gangs.
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Okay, let's start with calling your bluff. Go read the Constitution and almost any history of immigration. Stop at any point where you find text to the effect that the President can do whayever he wants, while saying out loud that he acknowledges that he has no legal authority. The man who said that also claimed to be a Constitutional scholar, and also asserted that the Second Amendment protected a right to hunt ducks.
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>>140561545
it's a presidential overreach. The president has his powers specified in the constitution, and re-interpreting it to give him more power ultimately puts the balance of govt and our liberties at more risk.
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>>140562538
>>140561545
>Can someone explain how DACA is unconstitutional

It's not unconstitutional unless you want to really dig. Doing cocaine isn't unconstitutional, neither is making a silencer out of an oil filter, or growing your own marijuana. Those things are illegal, like DACA and the people under it.
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>>140561545
It's pretty simple. Illegal immigrants are supposed to be deported. This program deferred that action. It's choosing to not enforce a law. Article ii Section iii of the Constitution says the President must take care that laws are faithful executed.
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>>140561545
Executive order to defer law enforcement from doing their job, which is to uphold immigration law. It was illegal.
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>>140562998
DACA was made to solve an unsolvable issue and Trump realized this simple fact.
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>>140563146
>DACA was made to solve an unsolvable issue
There is a clear solution, which is removal of people who enter this country illegally and circumvent the process to gain the rights and privileges native born people have. The issue isn't unsolvable, it's that people have brought intense emotion and THINK OF THE CHITLINS into it.
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>>140561545
Because Daca is giving illegals legal residence papers and the job of the president is basically a glorified sheriff. He has no authority to give people papers(congress does) especially not unilaterally for an entire group.
There is your answer.
>>140562983
Also this.
>>140562998
It's more then defered action they get fucking papers under Daca(not green card, just legal papers)
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Its not unconstitutional in itself, but the means used to push it were.
It was obama signing an executive order because Congress refused to pass it that makes it unconstitutional
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>>140561545
Its not unconstitutional, its unpatriotic. Why should WE have to pay out the ass, while these fucking beaners get it for free? Seriously, this is unfair to the general populace who has to pay out the ass to support their kids/themselves. This is why illegal spics should be deported, they are a strain upon our system, and it promotes breaking the law instead of abiding by it and coming here legally. I dont care if these guys are kids, think about the people who came here legally and gets to look upon these freeloaders.
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>>140564345
This too, it was an executive order, it wasnt a real law
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>>140564345
It is unconstitutional. It violates Article II Section 3--also known as the Take Care Clause. The President must enforce the law, not make executive orders to change the law.
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>>140561545
>Google results is just a bunch of shit telling me why it isn't

hmm...
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>>140561717
>>140562914
> you are a fucking retard
> let's start with calling your bluff

>anon makes technical question on /pol/
>retards at hist throat like he was defending it
TRIGGERED

just answer the goddam question and stop believeing everything is against you, paranoid fucks
>>
>hey you guys
>[turns chair around, sits on it backwards]
>serious question
>be honest
>real talk
>okay so like you guys, I just don't get it. How is it that Chewbacca came from Endor?
>What Do You Guys Think?
Learn to distinguish spambots from humans, newfags.
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>>140564345
This. You can't just handwave new immigration policy into existence after congress expressly voted against that policy. But of course king nigger got to invent a new power for himself every day to rave reviews from the 'freedom loving' press.
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>>140565146
Which is exactly what i said
If congress had passed that law word for word it wouldn't be illegal. The law is fine, the method that pushed it is not
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>>140561545
we have a president not a king. thats why states were suing over daca. theres videos of obama even stating this, and that its congress' responsibility, but when he didnt get his way, he became king nigger and EO'd it anyway.

https://www.youtube.com/watch?v=Gw4BIWiWyQg
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Sooo,,,,,, Anyone want to go to work for google?
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Article 1, Section 8 of the U.S Constitution, Subsection 4 states:To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; Only Congress can make law's relating to immigration not an exec order from the President
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>>140565803
It's not a law. You're dumb ass hell. Stop poasting.
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>>140561545
DELETE THIS IMAGE!

NOW!!
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Is that a nigress tifa?
The jews probably did this
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>>140567224
>fighting with someone who is agreeing with you
now that's what i call autism
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It was an executive order which basicallly means obungo circumvented congress to enact his own personal law on immigration, which is way outside the bounds of his authority
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>>140565956
I'd program left-biased search results all day if they paid me $200k/year for it. Fuck you got mine
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>>140567306
>>140567710
>implying LaTifa isn't great
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>>140561545
It's not hard. The president's executive actions aren't bills. Therefore DACA being treated as some sort of law, would be unconstitutional.

The issue is that idiots on the left think DACA is essentially a law. That there would be some sort of protective element in it that Trump (or any president) couldn't immediately overturn.
Fact is, DACA is an executive order, and any executive order is essentially a de facto, but not de jure law that is very prone to lacking legal protection. Many executive orders get overturned once they face court challenges as a result, while others get overturned by a subsequent president who has different politics. Which is what's happening here. Obama lived by the executive order, now his legacy is dying by the executive order.

Another argument about constitutionality might be that it's a mandate about enforcement of the rights of non-citizens, when the president can only make decisions on what to do with citizens. But that's a thinner argument, and could probably be counter-argued that the president also has the right to make decisions about what to do with aliens in the country.

Of course, the left wouldn't want to make that argument right now, as it would further empower Trump to do whatever he wants with illegal aliens.
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>>140561545

Because Obama signed an executive order and illegal immigrants abuse it.

https://www.youtube.com/watch?v=zh25DB-sfwo
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Enumerated power and Immigration law....it violates all of it then the free shit then the fact our gov does not represent we the people
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why are all these attorney generals suing Trump over it and sure they are going to win?

if it was unconstitutional why hasn't the Supreme Court ruled on it since 2012?

There is more to it than what is being discussed here but it might be a lot of legalese that is hard to parse.
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>>140561545

Alright keep these basic concepts in mind

>Congress makes the law, congress has complete authority to make the law. Congress can refuse to make new laws or refuse to change the laws.

>The President enforces the law, the President has compete authority to enforce the law. The President cannot refuse to enforce the law.

Ok, now that we've got that straight.

>The law says that only people approved to be here can be here, and every person not approved to be here must be deported.

>There are 11 million people here who must be deported according to the law.

>The President cannot realistically deport more than 200,000 people per year.

>200,000 or more people per year arrive without approval each year.

You can post your buzzwords and your edgy shit in reply if you want, but mathematically the law is essentially unenforceable.
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>>140572112


But the president cannot refuse to "enforce" this law and must therefore he must choose who to deport first.

Obviously the president chooses to deport dangerous people first.

Because there are constantly more dangerous people entering, the President will never run out of dangerous people to deport first. He may never get around to deporting anyone else.

Effectively then only the people who get deported first actually get deported.

However, the president also deports anyone who is unlucky enough to get caught even if they are not dangerous. People who are not dangerous or unlucky therefore do not get deported. Deporting these people still takes time and money that could have been silent deporting a dangerous person.

Under Daca the president still does this but then also says that if a person is not at all dangerous and contributing to society they will not be deported for a certain amount of time, which could be as short as two years or until every more dangerous person is deported first (effectively never). So people who are not dangerous or unlucky still don't get deported. But in addition some people who are not dangerous but are unlucky now don't get deported.

Effectively there is no reduction in the number of people deported because every unlucky person who would have been deported but for daca is now replaced by another dangerous person who gets deported because more time and money is freed up by not deporting an unlucky person.

In fact, the number of deportations actually increases because it is procedurally faster to deport the average dangerous person than it is to deport the average unlucky person. This is why Obama deported far more people than Trump on a daily basis.

Because Daca actually results in more deportations it actually more faithfully enforces the law.

So Daca is constitutional.

But please call me a cuck or redditor to show off your debate skills.
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>>140561545
It's unconstitutional because it is not an adjustment to the immigration law enacted by Congress. It's just Obama saying "lol, fuck your white laws. Have a heart. Obama 2012." and forbidding US attorneys and federal officers from doing their jobs and enforcing immigration law.

By that logic, Obama could have said "you gotta have a heart" and legalized the entire 15-20 million illegal Mexican population. Federal law enacted by Congress and signed by the President controls who is and is not an illegal, not some gaslighting pol.

Or as Glenn Reynolds put it at the time, imagine if the next Republican president just said "gee golly, the economy could be better, IRS you don't collect taxes this year, especially not on the rich." The MSM calling Obama a civil rights hero for shitting on the Constitution would be at Ft. Sumter levels of autistic screeching if a Republican did that.
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>>140571033
SCOTUS was split last year. I didn't see any opinions posted, likely because the court didn't hand down a decision.
Our law is Swiss cheese really. I'm not sure how liberal judges dance around the Take Care Clause, but dance around the Constitution is what they do. Essentially, their argument seems to be that all laws can't be enforced so the POTUS can decide not to enforce some.
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>>140561545

>Jewggle isn't telling me

gee i wonder why
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>>140572147

But what if this has the predictable effect of increasing illegal immigration? Is it faithfully enforcing the law if the end result is that people know that they can come here unlawfully and nothing will be done? At least before there is the deterrent factor of them potentially being unlucky.
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>>140573684
Not likely, DACA requires that the applicant come to the United States before their 17th birthday. Since persons of that age don't often make the choice to emigrate its not a major factor in the decision.

More importantly, the possibility of legal status is not a major factor in the decision to emigrate for anyone. That decision is driven by employment opportunities, wages, or physical threats to safety.
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>>140567190
Thank you for pointing that out. However, I guess it becomes an issue of agreeing with the President's ability to make executive orders. EO's are "enforced with the power of law" but are not laws. Is that the allowance?
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>>140569036
>Therefore DACA being treated as some sort of law, would be unconstitutional.

"Executive orders have the full force of law, based on the authority derived from statute or the Constitution itself."
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>>140565387
>stop calling me out and let me concern troll

gas yourself shill
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>>140562998
This is very shaky ground to be honest. Article 1, section 8 really should take precedence, in addition to Article II Section 3.
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>>140577797
>"Executive orders have the full force of law, based on the authority derived from statute or the Constitution itself."
I can quote Wikipedia too: "The United States Constitution does not have a provision that explicitly permits the use of executive orders."
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>>140579480
>Article 1, section 8
For some reason that was not a basis of the suit that went to SCOTUS. Not sure why.
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>>140561545
The president can't serendipitously give criminals special rights because of feelings.
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>>140563146
>deporting criminals, an unsolvable problem

are you retarded?
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>>140563146
>>140563363
But I wanna give you more traffic jams and dilute your culture with non-complimentary enclaves and take your cushy jobs so that you wint know where to go or what to do!
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>>140565387
Well he does have a picture of a black girl and blacks are so resentful to whites they see 2017 as the perfect revenge
>>Aw yeah! let people who dint care about you & just wanna use you cmon over and fuck up your world!
(Btw, black slaves were originally criminals in their native land who got arrested and theyre country sold em off to slavery so it was their own fault)
Thread posts: 52
Thread images: 7



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