“The DACA program — which
provides work permits and myriad government benefits to illegal
immigrants en masse — is clearly unlawful.”
White House Deputy Press Secretary Raj Shah
The Democrats are rejoicing as
they wildly applaud the Supreme Court justices decision not to take up the Trump
administration's “preemptive strike”
appeal of a lower court's order to continue accepting renewal
applications for all DACA recipients. Originally set by Trump to see
Deferred Action for Childhood Arrivals program)
being phased out starting this upcoming March 5th, the
Democrats still fail to closely examine the high court's
actual decision itself for if they did they would see that they won not a
thing accept the buying of a bit more time to grandstand for
those...the 'so-called' Dreamers...they only care about for their votes.
Saying that with the Supreme
letting stand Obama's executive ordered in DACA
program...the very program that allows illegals brought to the U.S.
as young children to continue to apply for both work permits and protections
from deportation...what the Democrats forget is that the justices
actually sent the case back to the San Francisco based 9th Circuit
Court of Appeals hoping that the lower court would reconsider federal
judge William Alsup's injunction to keep DACA in place. And why
reconsider...because Judge Alsup took it solely upon himself to rule
that President Trump's repeal was based upon what he considered a “flawed
legal premise”...which it was
and thus he ruled that the Trump administration
must “maintain the DACA program on a nationwide basis”
matter that it was the very program that Congress had explicitly and
repeatedly rejected as a “usurpation of legislative authority.”
And if the letter of the law is to be followed...if the Constitution is
followed...Trump's wanted phase out leading to repeal was and is
anything but “flawed,”
and should in the end have legal
standing as it was Obama's executive ordered in DACA program that was illegal
to begin with. So the question is why can't Trump executive order
DACA out...logic and the law says he should be able to repeal
something that is in and of itself illegal.
But first, why exactly is DACA illegal and why is the judge's
ruling itself a “flawed legal premise”
... because under
our Constitution Congress has “plenary authority
immigration...meaning Congress alone has complete and absolute power
to take action on a particular issue with no limitations, in this
case immigration. The president, on the other hand, only has the
authority delegated to him by Congress and Congress never gave
then-President Obama the power to provide what is called
and government benefits to illegals...which is exactly what his DACA program did.
And Obama knew that he lacked the constitutional and the legal authority
implement said DACA program and yet he still went ahead and did it. In
fact, Obama admitted back in 2011, when he first brought up the idea of
DACA, that DACA was actually unconstitutional. Saying that
he really could not legally "just bypass Congress and change the
(immigration) law myself... That's not how a democracy works,"
remember that in Obama's mind
democracy and the Constitution be damned.
And so in 2012, Obama went ahead and put DACA in place via
executive order, thus unconstitutionality providing the above stated
“pseudo-legal status” for
illegal minors brought to our country by their knowingly law
breaking illegal parents. Promising them they would not be deported
as well as providing them with work authorization and access to Social
Security and other government benefits like welfare and
Medicaid...promises he had no legal right to make...Obama willfully
and with malice ignored all previous immigration laws passed by
Congress...laws that did not give this president nor any president the
ability to do so. In fact, Congress has rejected other bills to
provide illegals just such benefits.
But why do I say with malice...because by Obama's implementing DACA he
knowingly and willingly took jobs away from hundreds of thousands of
legal Americans by his now allowing those same jobs to go to
And then to make matters even more grievous and snub his nose at
our Constitution yet again, in 2014, again via executive order, Obama
sent in motion what he called DAPA (the Deferred Action for Parents of Americans and
Lawful Permanent Residents program). And this program would also
provide those DACA parents who have lived in the U.S. since 2010,
with what was now being referred to as an “administrative amnesty,”
while also giving them renewable three-year work authorizations and
access to many other government benefits...benefits similar to those
received by illegals now already covered under his constitutionally
But thankfully in the case of DAPA, numerous states filed lawsuits
regarding what they considered the unconstitutionality of Obama's actions leading to a
2015 temporary injunction blocking DAPA from going into effect while
the states lawsuits worked their way through the courts. And thankfully, in June 2016, the Supreme
Court split in a 4–4 decision thus leaving the block in place
allowing for now President Trump to finally rescind DAPA on June 1, 2017.
In other words, one constitutional battle won leaving one constitutional battle to go.
But know that DACA suffers from
exactly the same constitutional “challenges”
DAPA did and as such, I believe, as do many others, that President
Trump has every legal right afforded him under the Constitution to
negate...in this particular case to phase out...an unconstitutional
executive order put in place by a president who willfully did not
honor the very document he swore his allegiance to.
how do we constitutionally solve the conundrum of DACA when
blue states want DACA kept in place so those recipients continue to
receive benefits in return for their voting the
Democrat party line... never forget it's all about votes...we solve it
in the way the illegal issue should have always been dealt
with...we debate it in the very halls of Congress and institute a
constitutionally sound legislative “fix”...a
"fix" not involving
the White House where it never had
any business being in the first place.
But by not allowing...actually by not forcing...Congress to fully
negate Obama's unilateral and so unconstitutional overreach...two
dangerous precedents would be set...first would be a precedent that
weakens our constitutionally mandated balance of powers and second
would be a precedent that would actually jeopardize our
constitutional republic itself. And we all know President Trump
rightfully would never allow that.
So in the end, and only time will tell, I do believe that the DACA
issue will be resolved in President Trump's favor by the Supreme
Court (if not before by Congress itself) as the 9th Circuit Court
rarely reverses its decisions. And Trump also knows well that the
justices sending it back to the lower court was nothing but a
that follows the law as laid out in
the Constitution...something our Democrat friends are more than
willing to ignore.
And something else the Democrats ignore...most willingly I assure
you...is that 'We the People's' Second Amendment right to keep and
bear arms is something that will not go away. They can whine and
scream all they want but the facts are that the NRA kills no
one...guns do not kill people, people kill people...and its he or she
who pulls a trigger that is the guilty party alone in any deaths that
may occur. The sooner Democrats and some bleeding hearts supposedly
on our side accept these facts the safer we will all be.
And while the Democrats are always trying to disarm we law abiding citizens, it always
seems to reach a crescendo right after a mass shooting occurs, especially
when said shooting involves children as the victims. But they would be
wise to know that the Second Amendment is something we Republicans
(minus the RINO's of course), we Conservatives, and we Constitutionalists
will protect with our lives if need be.
The Constitution is sacred to us...after all it's the law of our
land...and it's what protects us from a chance that our government
will run amok for it protects us against the type of government our
Founders and Framers rebelled against in order to create this
country...this republic. And it's the Second Amendment that gives us
both a physical and tangible way to protect ourselves and our loved
ones from those wishing to us harm.
Simply put...we need more good guys with guns, beyond just the police,
to protect us from bad guys with guns...and at times that includes
protecting ourselves from government officials who know that by we
citizens merely being in possession of guns is what helps keep our
government in check. But unfortunately, as we are now seeing in the
weeks after the February 14th Parkland, Florida school shooting,
sometimes that does not keep our politicians in check...obviously the gun
control spewing Democrat politicians but sadly now including
Republican politicians supposedly but no longer on the Constitution's
And it so pains me to say this but one of those Republican politicians
is my own Florida Governor Rick Scott...a man who should indeed know better
especially after his having to face that 17 innocents lay dead on his
watch. And why do I say this...it's because Governor Scott recently said on FOX News Sunday that he will not
support President Trump's plan to arm specially trained teachers with
guns...as in he will not support a common sense solution of teachers being
able to level the playing field by being able to fight back against
those wishing to them and their students harm.
So what is my governor's solution to keeping Florida's students
and teachers safe...it's a six-step band-aid plan that first,
increases funding to protect schools...second, puts the focus in
Florida on strengthening law enforcement... third, tightens gun
restrictions on those with mental health issues...fourth, raises the
legal age to buy any gun to 21...fifth, bans the sale of bump stocks
(the added on device that allows a gun to fire like an
automatic)...and lastly, Scott's plan includes what he calls a “red
which would allow families or authorities to go to
court and request guns be taken away from someone they think is a
threat because of mental illness or threatening statements they’ve
In other words what Gov. Rick Scott wants is a Republican version
of the Democrat's calling card known as 'gun control.'
And while Gov. Scott freely admitted that
there are some states where teachers already are armed, he still
misguidedly wants the main focus in Florida to be strengthening law enforcement.
Saying that, "I have $500 million expectations out of
my legislature. I've been talking to them all weekend. I'm going to
focus every day on making sure we get that money and we get the
law enforcement and we get the mental health counselors. We're going
to do the right things in our state," what
Gov. Scott forgets is that mental health councilors mean not a
thing when it's the mentally ill who most easily slip through the
bureaucratic cracks just like Parkland's Marjorie Stoneman Douglas
shooter Nikolas Cruz did.
You can read all about those bureaucratic cracks and the need for
mental health records being a mandatory part of background checks in
my article More
Guns Not Less Guns
that was published on February 23rd.
Continuing to spout his band-aid fix, Gov. Rick Scott said that,
"I believe we ought to make sure we have law enforcement
presence, we make sure they're trained”..."I want to make sure
that all our budgets go through our sheriff's departments to make
sure that they know how the money is going to be spent, because
they're responsible for our law enforcement."
honestly I don't care how the monies are spent for the only thing
that will give parents a true sense of security is knowing that
teachers have a chance to protect their precious children by fighting
back, because in the time it takes for the police to be called and
then to arrive could see it being their child who is shot dead.
And know that President Trump is right in defending his
on-the-table proposal to arm specially trained teachers saying he
is the only way to prevent
more school shootings. And he's one hundred percent correct with
that because the shooter would now be aware that there's a good chance of
his being the one shot dead, and that will be a possible deterrent to school
shootings happening again. But notice I did not say from never
happening again because mental stability for some, no matter the
mental help gotten or the anti-psychotic drugs taken, is tenuous and
fleeting at best. And dare we forget the bureaucratic cracks...always
present...always ready to be slipped through whether it be through
incompetency or simple unintentional paperwork mistakes.
And while Gov. Scott, who by the way is an NRA member and who now
wants to be Florida's next senator, does understand that we must make
sure that guns...that firearms of any kind...must be kept out of the
hands of the mentally ill...nothing in Rick Scott's proposals are strong
enough to do so. And so the man who recently said that, “I’m a dad, I’m
a granddad, and I’m a governor. I want my state to be safe. I want
every child to be in a safe environment,”
might see his heart
being in the right place, he sadly still misses the point that the only
way America's children will be relatively safe while in school is to
have guns put into the hands of teachers, otherwise all our children
will remain sitting ducks.
DACA and guns...two contentious issues...two issues that can be
successfully resolved if only our politicians on both sides of the
aisle would look passed their party's and their personal
agendas...after all that's exactly what they were elected to do.
Copyright @ 2018 Diane Sori / The Patriot Factor /
All Rights Reserved.
Friday, March 2nd from 7 to 9pm EST on American
SIDE PATRIOTS Craig
Andresen and Diane Sori discuss the two hot-button issues of DACA and guns;
another aspect of the Parkland school shooting; and important news of the day.