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Obama Amnesty Supreme Court Case to Test Limits of Presidential Power

hqdefaultThe Constitution was ratified more than two centuries ago, and in all that time no president had ever tested the limits of executive power enough to force the Supreme Court to rule whether he has lived up to the founders’ command that the laws be “faithfully executed” . . .

When the justices convene Monday morning, they will hear what is shaping up to be the biggest case of the term, and perhaps one of the most consequential in a generation, as they consider whether President Obama has overstepped his constitutional powers by trying to grant a tentative deportation amnesty to up to 5 million illegal immigrants.

“In 225 years, the Supreme Court has never had occasion to ask the president whether he has reneged on his oath to take care that the laws are faithfully executed. However, with pens and phones replacing checks and balances, the Supreme Court is now poised to break new constitutional ground in order to preserve our embattled separation of powers,” said Josh Blackman, associate professor at the South Texas College of Law, who has followed the case from the start and filed amicus briefs opposing Mr. Obama’s claim of powers.

At issue is the Take Care Clause, which is what scholars call the Constitution’s charge to presidents to “take care that the laws be faithfully executed.”

That clause has been read to be both empowering to presidents, emboldening them with independent authority to see through the execution of laws, but also as a check — that, in the end, he carry out laws rather than write them. (Read more from “Obama Amnesty Supreme Court Case to Test Limits of Presidential Power” HERE)

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Betrayed Again: Prominent Republicans File Brief Supporting Obama’s Illegal Executive Amnesty

Imagine a prominent Democrat committee chairman promoting private Social Security accounts or right to work legislation. Try to picture a long-serving Democrat senator filing a brief in a pending Supreme Court case in favor of the right to concealed carry. You will have a tough time conjuring up such images because there are no prominent Democrats who promote major policy initiatives of the other side. Therein lies the imbalance between our nation’s two major political parties.

On Tuesday, the Orwellian-named Constitutional Accountability Center filed an amicus brief in support of Obama’s executive amnesty in U.S. v. Texas. The brief was filed on behalf of a number of former Republican members of Congress in addition to Democrat members. Not only do they support the underlying policy of open borders, this brief demonstrates that these Republicans, who were influential in crafting party policy in their respective times, do not believe in the Constitution nor in the concept of separation of powers. They defiantly assert that Obama’s executive amnesty “is legally no different than countless other exercises of executive discretion engaged in by presidents of both parties and blessed by both parties in Congress.”

Sure, a president unilaterally granting illegal aliens work permits, Social Security cards and a backdoor path to citizenship is just another day at work in the Oval Office.

Here is a list of the Republicans who signed onto the brief and a description of their respective careers in the House or Senate:

LaHood, Raymond H. (“Ray”) Former Representative of Illinois (1995- 2009); Member of the House Permanent Select Intelligence Committee, and the Republican Mainstream Partnership; Former United States Secretary of Transportation (2009-2013)

Leach, James A. Former Representative of Iowa (1977- 2007); Chair of the House Committee on Financial Services; Member of the Committee on International Relations; Chair of the Subcommittee on Asian-Pacific Affairs; Chair of the National Endowment of the Humanities (2009-2013)

Lugar, Richard Former Senator of Indiana (1977-2013); Chair of the Senate Committee on Foreign Relations; Chair of the Committee on Agriculture, Nutrition, and Forestry

Porter, John E. Former Representative of Illinois (1980- 2001); Member of the House Committee on Appropriations; Chair of the Subcommittee on Labor, Health & Human Services, and Education

We have here a former chairman of the Senate Foreign Relations Committee, a man who crafted foreign policy for Republicans for years, who has no regard for our sovereignty and the rule of law. We have Republicans who shaped our domestic policy for years and were viewed as titans of the legislature, yet they believe in the predominance of rule by executive fiat over congressional statutes. All of these individuals held prominent positions in the party for years and nobody ever questioned their commitment to the Constitution, much less the platform of the Republican Party. Now we all know it was built on a lie. For so many Republicans over the past few decades, this has all been a fake fight.

This is why voters in the GOP feel so angry and betrayed. This is why voters have permanently severed all ties and interest with anything that smacks of the party establishment. They now understand that while Democrats were intrepidly promoting their agenda for years, so many Republicans who were supposed to be combating their fundamental transformation were really wolves in sheep’s clothing.

When choosing your candidate for president, make that decision wisely, making sure you are not selecting someone who will turn around in a few years and champion the very causes he promised to fight against today. (For more from the author of “Betrayed Again: Prominent Republicans File Brief Supporting Obama’s Illegal Executive Amnesty” please click HERE)

Watch a recent interview with the author below:

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Largest State Republican Party in US Endorses Amnesty, Self-Destruction

On Sunday, the Republican Party of California voted to make themselves irrelevant by opposing the rule of law and changing their party platform on illegal immigration. Fortunately for them, their decision will not make much of a difference because they were already eternally irrelevant and hopelessly disenfranchised precisely because the very policies they espoused this past weekend have already been implemented.

The GOP of California is deader than dead.

According to the Orange County Register, the GOP’s revision to the platform went beyond dropping their opposition to amnesty. It is now considered controversial to promote the deportation of violent criminal aliens:

Meeting during their semiannual convention, state Republicans voted on a new immigration stance that states the party is “pro-immigrant” and wants to fix a system that “does not work for California or America.” Under its new platform, the state GOP supports worker visa programs but is against providing amnesty. Gone is language about “illegal aliens” or cross-deputizing state and county law enforcement to help immediately deport those who have committed crimes.

What these “Republicans” will never understand is that they can never out-maneuver the Democrats on immigrant-pandering and opposition to Americanization. The voters will always choose the real thing rather than the mealy-mouthed diffidence of pretenders.

More importantly, they can nominate the most pro illegal immigration candidates to statewide offices and it won’t make a difference. The state of California has been remade past the point of cultural return. Rather than fostering a melting pot that helps immigrants assimilate into the existing values of the state, there has been so much legal and illegal immigration to the state over such a short period of time, no Republican candidate – fiscal or social conservative – can ever win, irrespective of his views on immigration.

Just ask Carly Fiorina who ran on support for amnesty and birthright citizenship, yet got crushed in a good national year for Republicans, despite spending $22 million on her campaign. In fact, almost every Republican politician in the state has run on an open border platform for quite some time – long before the platform change – and has failed to move the impermeable needle one inch.

As early as 1993, even Harry Reid was warning that 67% of all babies born in LA hospitals where children of illegal aliens. The problem has only grown and compounded for 22 years. A whopping 27% of California is foreign born and 38.6% of the state’s population – a plurality – is Latino. They are expected to become an absolute majority between 2050-2060. According to the 2010 Census, 23 of the 58 counties in the state are 30% or more Hispanic. California Governor Jerry Brown claims that 30% of schoolchildren in his state are either “undocumented or don’t speak English.”

Take Orange County, for example. Orange County was once the breadbasket of GOP politics in the state and was a big part of the GOP’s dominance during the Nixon and Reagan eras. Thirty percent of the county’s population is now foreign born and 45.5% of resident speak a foreign language at home.

Toss in the illegal policies of automatic birthright citizenship and counting illegals in the reapportionment process, and there is no way Republicans will ever win that state again. This analysis doesn’t even begin to digest the enormity of the social programs that are now available to legal and illegal aliens in the state. As recent as 1988, Republicans were still able to carry the state in a presidential year. Now, Republicans believe that a “me too” approach to the very policies that created a permanent Democrat majority will somehow revive their electoral viability.

It doesn’t take a world-renowned political scientist to understand that such unprecedented societal transformation (without representation) – beyond anything our nation has ever seen – will produce a permanent majority of those who don’t assimilate into free market constitutional values, but permanently alter those values. With 44% of the state’s residents speaking a language other than English at home, including 54.3% of the Los Angeles metropolitan area, Republicans could put out as many campaign ads in foreign languages as they want but it will fail to move the needle. They have already lost.

There’s a melting pot; there’s a salad bowl, then there’s California.

Will national Republicans learn the lesson?

Americans have always been open and welcoming to those who assimilate into our culture and support our constitutional values. But numbers, origin, and time span all matter in immigration policy. We can bring in all sorts of people, but numbers and time matter. The citizenry should have more input in the future of our immigration policy.

It’s time for the GOP platform to reflect one simple principle: no societal transformation without representation. Or, if you will, the elite politicians who often live in the ivory towers unaffected by the deleterious effects of illegal immigration on schools, hospitals, and public safety, ought to follow the Golden Rule. Do unto others as you would have them do unto you. Or at least let them have a say in the matter. (For more from the author of “Largest State Republican Party in US Endorses Amnesty, Self-Destruction” please click HERE)

Watch a recent interview from the author below:

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Ben Carson Now Backs Amnesty for Illegals

Ben CarsonOn Wednesday, Dr. Ben Carson said America’s borders must be sealed to protect against terrorism and told a prominent group of Latino elected officials that he also supports giving illegal immigrants a path to legalization and eventual citizenship . . .

Regarding the country’s illegal immigrants, Carson said, “many of them have never known any other country … so where are you going to send them?”

Carson said the country must “provide them a way so that they don’t have to hide in the shadows” and “give them an opportunity to become guest-workers–they have to register, they have to enroll in a back tax program.”

“And if they want to become citizens they have to get in the line with everyone else… because we have to pay homage to people who’ve done it the right way,” Carson added.

He also told the audience that “what threatens to destroy is division” and blasted the “purveyors of division” who try to divide Americans based on race, age, income and a host of other issues for trying to convince Americans that “we are each other’s enemies.” He said that radical Islamic terrorists are trying to destroy the United States and Americans should not make it easier for them by buying into the politics of division. (Read more from “Ben Carson Now Backs Amnesty for Illegals” HERE)

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A Massive Threat to US Security, Much Bigger Than Expiring PATRIOT Act [+video]

While the Senate is embroiled in a heated debate over the extension of NSA surveillance, nobody is focusing on the more serious issue at hand. No amount of surveillance –constitutional or not – can defend against the avoidable, but currently suicidal, immigration policies in which security threats are brought here in the first place.

There is perhaps nothing more counterintuitive about U.S. foreign policy than the massive increase in refugees from Islamic civil wars in the Middle East – at a time when we are engaging in foreign interventions under the guise of protecting our homeland.

Conservative Review has already detailed numerous cases of refugees being arrested for engaging in terror activities and the torrent of immigrants from the Middle East who have attempted to go fight for the Islamic State in Syria. With all of the apocalyptic rhetoric on display in Washington in light of the shutdown of NSA surveillance for two days, is anybody concerned about all the security threats that are needlessly admitted to this country on a daily basis?

Assuming the NSA is legitimately focused only on stopping terror attacks, who do you think is under surveillance? While a number of Middle Eastern immigrants are peaceful like any other group, almost all of the Islamic terror threats will invariably emanate from this growing population.

Consider this for a moment: Iraq is saturated with Sunni and Shiite Jihadist elements, yet each group is able to claim refugee status if they can show they are persecuted based on their minority status in a given neighborhood. Ironically, radical elements of both Sunnis and Shias have been admitted to places like Bowling Green, Kentucky, and there are now stories of violence erupting between them! The indifferent politicians are literally bringing all of the woes from the Middle East to our shores.

From fiscal year 2007 through April 30, 2015, the U.S. has resettled 134,314 Iraqis via the refugee program and the Special Immigrant Visa (SIV) program, the overwhelming majority being Muslim and evenly divided between Sunni and Shia. For the first half of fiscal year 2015, as the debate over surveillance has heated up, we’ve continued to admit more people from volatile Islamic countries (data from the Refugee Processing Center):

8229 from Iraq, roughly 6640 have been Muslim – evenly split between Sunnis and Shiites

4993 from Somalia

9000 from Burma, but 1,649 are Muslim, mostly the Rohingya. Although a predominantly Buddhist country, a large share of refugees from Burma are Muslims.

As I noted last week, the SIV program – designed to bring in contractors and translators from Iraq and Afghanistan – has turned out to be just as problematic as the refugee program. Yet, Democrats slipped in a provision to the NDAA that would add 3,000 more Afghanis to the SIV program.

Additionally, a group of 14 Democrat senators are now calling on the administration to admit a whopping 65,000 refugees from the Syrian civil war. By my count, 865 Syrians have been admitted as refugees since fiscal year 2012, roughly corresponding with the start of the civil war. While the number seems small, it is growing rapidly and several thousand more are in the pipeline. More importantly, almost all of them have been Muslims, despite the fact that Christians face the most credible fear of persecution and have the least risk when it comes to vetting for security risks.

The call for admitting so many Syrian refugees is a prima facie threat. As with any civil war, there are thousands of innocent civilians being killed. However, this is a complex tangled web with hostilities between Assad’s regime, Hezbollah, al-Nusra (Al Qaeda in Syria), Islamic State, Muslim Brotherhood, and the Islamic Front. There is no way to sort out this mess without needlessly letting in security risks.

Time and again, our political class has failed us by letting in persecutors under a program designed to protect those being persecuted. The refugee resettlement program has essentially been reoriented towards a Muslim resettlement operation. According to data compiled by the State Department, Arabic is by far the most commonly spoken language by recent refugees. The third most commonly spoken language on the list? Somali.

There are undoubtedly plenty of Muslims who are being persecuted in the Middle East, but it is becoming harder and harder to untangle the web of disparate radical groups that are at war with each other, yet have the ability to obtain refugee status. There are countless Muslim refugees in Syria and Iraq who have been legitimately displaced from their homes but who harbor the same radical Islamic views as those conquering their neighborhoods.

It is not the job of America to gratuitously incur risk without the absolute certainty that refugees will not endanger our national security. With the unprecedented growth in Muslim immigration and unparalleled generosity of our refugee program over the past decade, there is no downside to exercising more caution as the Middle East continues to erupt in rampant upheaval.

It’s time to confront a simple reality. The best way to prevent homegrown terror while simultaneously protecting against government overreach into personal privacy is not to blithely import security risks in the first place. There will obviously always be a need for the NSA and FBI to have robust, yet constitutional, tools to combat and preempt terror threats. Yet, to focus on those tools while welcoming the problems of the Middle East through lax immigration is completely dyslexic. But leave it to our politicians to propose the worst solution to any impending problem. (See “A Bigger Threat Than an Expiring PATRIOT Act? This” HERE)

[Here’s a recent interview with this article’s author:]

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6 Reasons Congress Can’t Rely on Courts to Stop Executive Amnesty [+video]

Thanks to the assiduous work of Texas Attorney General Ken Paxton (and NO thanks to congressional Republicans), America can finally celebrate a victory for the rule of law and separation of powers. The 5th Circuit Court of Appeals upheld the injunction the lower court placed on Obama’s November 20 executive amnesty, thereby stopping the issuance of work permits in its tracks. The three-judge panel noted that “because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction.”

However, before conservatives pop the champagne and declare an immigration victory, remember that Obama is working overtime to fundamentally remake America’s immigration system through many other means – avenues not directly addressed by the courts. Congress can and must use the upcoming appropriations season to restrict and condition funding to ensure the Administration fully cooperates with established laws, rules, and precedents on issues related to interior enforcement, prosecutorial discretion, and asylum policy.

At the very least, they should pass stand-alone legislation addressing Obama’s immigration malfeasance and keep up the public pressure against executive action. Unfortunately, everyone knows there’s a collective sigh of relief in the offices of elite GOP politicians who are hoping the courts will give them cover for ignoring Obama’s pernicious immigration policies.

Earlier this year, we highlighted 5 reasons it is Congress’, not the court’s, responsibility to defund Obama’s executive amnesty. Here are 6 more reasons why Congress cannot rely solely on the courts and shirk their responsibility to wield the power of the purse:

1. Obama Has Violated the Injunction: He has already issued 2,000 work permits in contravention to the lower court’s decision. His modus operandi seems to be “ask for forgiveness, not permission.” The spigot of funding must be shut off.

2. Obama Using Asylum: Obama has already abused the existing legal channel of asylum to bring in the new wave of illegal migrants carte blanche from Central America. It’s a well-known secret in some of these Central American countries that all they need to do is file an asylum application and they are home free. Despite the fact that 70% of asylum cases are usually fraudulent, still over 90% of applications are approved. Recently, congressional leaders on the House Judiciary and Oversight and Government Reform Committees have expressed concern that terrorists are also exploiting the asylum loophole.

3. DACA Has Not Been Overturned: Even though the court has overturned Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), it has not overturned Deferred Action for Childhood Arrivals (DACA). Although a group of ICE agents brought a lawsuit against Obama’s 2012 DACA program, the 5th Circuit astoundingly held that federal agents lacked standing to bring a lawsuit against the government, even though they are being threatened by the administration for following the Constitution. Obama has already issued 541,000 Social Security cards to DACA recipients. The more Obama is able to implement DACA without any congressional controls, the more the fiscal costs will become irrevocable, even if a Republican wins back the White House in 2017.

4. Hyper Prosecutorial Discretion: In addition to those illegal immigrants who are affirmatively granted work permits and Social Security cards, Obama is forcing CPB and ICE agents to release thousands of illegal aliens, including dangerous criminals, onto the streets. Although the court injunction will likely halt the issuance of benefits, it will not stop Obama’s abuse of prosecutorial discretion, which allows these people to remain on the streets. As the surge from Central America continues to grow, states and local communities will continue to incur significant costs in the form of education, healthcare, and criminal justice. Without any congressional requirement that Obama keep track of those illegal aliens that are released – something he has refused to do until now – much of the harm will be immutable.

5. Ending Local Immigration Enforcement: After years of allowing illegal aliens to flood this country without any coherent federal policy or even a desire to stem the tide, state and local enforcement of immigration laws has become the most effective tool against illegal immigration. They are the bulwark against the endless cases of illegal aliens killing Americans in drunk driving incidents, such as the killing of a Houston firefighter and his wife earlier this month. Now, Obama is committed to suspending all cooperation between local law enforcement and federal authorities on immigration.

6. Refusing to Deport: There are now 900,000 illegal aliens who have been ordered to leave the country by the courts, yet the administration is refusing to deport them. Of those ordered deported, 167,000 are criminal aliens, the very type Obama said he would prioritize for deportation. Congress has a huge role to play here. (See “6 Reasons Congress Can’t Rely on Courts to Stop Executive Amnesty”, originally posted HERE)

Listen to an earlier interview with this author on The Joe Miller Show:

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Funding Fight Against Obama’s Executive Amnesty 2.0 [+video]

Photo Credit: Eric Gay/AP

Photo Credit: Eric Gay/AP

We are now witnessing the predictable outcome of yet another GOP cave on Obama’s amnesty. With promises of ‘no illegal left behind’ in Obama’s inexorable pursuit of amnesty, yet another wave of illegal immigrants from Central America are teaming across the southern border.

According to the Washington Times, thanks to improving weather, the number of illegal aliens crossing the border from Central America has risen to the highest level since last summer. And despite claims to the contrary, not all of them are the next rocket scientists.

Border agents have arrested dangerous individuals, including sex offenders, gang members, and suspicious foreign nationals from the Middle East. With no effective border fence in place in most of the border sectors, how many more security threats have entered undetected?

But the situation is much worse than the porous border.

Without much media attention or backlash from congressional Republicans, Obama has just implemented another major executive amnesty program. Not satisfied with the number of Central American children crossing our border, Obama is now abusing our refugee program to categorically invite in thousands of children into our country on the taxpayer’s dime. With 75% of refugees on food stamps, we already have a systemically broken system. Now Obama is using the refugee program to ensconce his broader open borders/amnesty agenda. (Read more from “Funding Fight Against Obama’s Executive Amnesty 2.0” HERE)

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23 Dreamers from Obama Amnesty Snared in Criminal Dragnet

deportationBy Stephen Dinan. Nearly two dozen of the illegal immigrants picked up in a nationwide sweep for criminal aliens earlier this month had previously been approved for President Obama’s deportation amnesty, the Homeland Security Department said Wednesday.

All 23 were part of Mr. Obama’s original program for so-called Dreamers, which began in 2012 and which had granted tentative legal legal status to nearly 640,000 as of the end of last year.

Of the 23, 15 were still actively part of the amnesty, while eight had been approved once but had not gotten their status renewed after the first two-year period expired.

The department is trying to deport all of them now.

The Dreamers were snared as part of Operation Cross Check, which saw U.S. Immigration and Customs Enforcement agents go after top-priority targets for deportation in a move the administration said proved that they were still trying to deport dangerous illegal immigrants, even as Mr. Obama moves ahead with his amnesty. (Read more from “23 Dreamers from Obama Amnesty Snared in Criminal Dragnet” HERE)

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Texas Judge Threatens Justice Department over Obama’s Immigration Plan

By David Zucchino. A federal judge threatened Thursday to sanction the U.S. Department of Justice if he finds that government lawyers misled him about the rollout of President Obama’s plan to shield up to five million people from the threat of deportation.

U.S. District Judge Andrew S. Hanen, visibly annoyed, confronted a U.S. deputy assistant attorney general over previous government assurances on the timing of the program.


He asked why he shouldn’t grant a discovery request for internal federal immigration documents, a request filed Thursday by 26 states that are suing over Obama’s executive actions on immigration.

Hanen ordered a freeze on the Obama plan on Feb. 16 in response to the lawsuit, which accuses the administration of overstepping the president’s executive authority.

At a one-hour hearing in Brownsville, Hanen gave the Department of Justice 48 hours to file a motion in response. He said he would then rule promptly on whether to require the government to produce immigration documents concerning applications under Obama’s deferred action program. (Read more from “Texas Judge Threatens Justice Department over Obama’s Immigration Plan” HERE)

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Wannabe King Bush III Explains Why He Supports Amnesty [+video]

By Jonathan Easley. Former Florida Gov. Jeb Bush offered a strenuous defense for a pathway to legalization for immigrants in the country illegally at a summit in Iowa on Saturday.

“Immigrants that are here need to have a path to legal status,” Bush said. “Nobody I know has a plan to deal with illegal immigration other than to just say they’re going to be rounded up and taken away.”

Bush said those in the country illegally should be given the opportunity to earn legal status if they work, don’t break the law and learn English.

“This is the only serious thoughtful way to deal with this,” Bush said.

Immigration reform is one of Bush’s biggest liabilities with the base. But in his first political trip to the early-voting state since moving towards a presidential run, Bush forcefully stood his ground on the hot-button issue. (Read more about wannabe King Bush explaining why he supports amnesty HERE)

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America Has a Problem with Hillary Clinton and Jeb Bush

By Hunter Walker. A new poll of the 2016 presidential race contains a frightening figure for two of the top candidates, Republican Jeb Bush and Democrat Hillary Clinton.


According to the poll, which was released Monday and was conducted by NBC News and the Wall Street Journal, 39% of voters would prefer a president who wasn’t from the Bush or Clinton political dynasties.

That’s scary for Bush and Clinton as it is a problem with no obvious fix. (Read more from this story HERE)

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Ann Coulter: GOP Double-Crossing Traitors

Now that a federal judge has held Obama’s illegal executive amnesty unconstitutional, perhaps U.S. senators will remember that they swore to uphold the Constitution, too.

Back when they needed our votes before the last election, Republicans were hairy-chested warriors, vowing to block Obama’s unconstitutional “executive amnesty” — if only voters gave them a Senate majority. The resulting Republican landslide suggested some opposition to amnesty. . .

Poll after poll showed Americans ranking illegal immigration as the No. 1 most important problem facing the nation. We haven’t changed our minds. Last week, an Associated Press-Gfk poll showed that Obama’s single most unpopular policy is his position on illegal immigration. . .

Why don’t Republicans spend all their airtime attacking the media for lying about what Obama’s amnesty does and what the Democrats are doing? It’s hard to avoid concluding that Republicans aren’t trying to make the right arguments. In fact, it kind of looks like they’re intentionally throwing the fight on amnesty.

If a Republican majority in both houses of Congress can’t stop Obama from issuing illegal immigrants Social Security cards and years of back welfare payments, there is no reason to vote Republican ever again. (Read more from Ann Coulter’s “GOP Double-Crossing Traitors” HERE)

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