2007-08-06 03:18:51 · 11 answers · asked by stephen t 5 in Politics & Government ➔ Law & Ethics
If you could do that you could go after everyone as far back as JFK.
And the answer to your question is YES!
2007-08-06 03:23:07 · answer #1 · answered by namsaev 6 · 2⤊ 2⤋
First, a brief review of grade-school civics. The Federal government has three independent branches: the Legislative, the Executive, and the Judiciary. Each branch has its own distinct set of responsibilities and powers. The Legislative Branch -- represented by Congress -- enacts laws. The Judicial Branch -- represented by the courts -- interprets the laws and rules on their constitutionality. The Executive Branch -- represented by the President and the law enforcement -- enforces the laws. It is unconstitutional for one branch to usurp the job of another. It is not the job of Congress to enforce immigration laws, or any other laws, because this simply isn't among the powers granted to the Legislative Branch. Only the Executive can enforce laws. Thus, Congress cannot -- CANNOT -- "be criminally prosecuted for not enforcing the immigration laws". Whew. Next.
All criminal law in this country is statutory. So every criminal prosecution must be made on the basis of statutory authority. Accordingly, if you can find a statute that provides for criminal penalties against the President of the United States and/or specific federal executive officials vested with discretion for failure to enforce "immigration laws" (which ones, btw?), then the answer to your question (apart from the Congress blooper) is "yes", subject to the provisions of that statute. If no such statute exists, then the answer to your question is "no".
2007-08-06 03:31:12 · answer #2 · answered by Rеdisca 5 · 2⤊ 0⤋
Not enforcing laws is not a criminal offense. If a district attorney drops a case against a killer he can't be charged with a crime unless, like Mike Nifong in North Carolina, we charge them with obstruction of justice or abuse of power.
Therein lies the answer... If a DA drops a case and the people are upset about it they will speak through the ballot box and elect a new DA in the following year. If you want to "charge" Bush with a crime for not enforcing immigration laws then go to the polls in '08 and vote for someone who will enforce the laws.
2007-08-06 04:03:09 · answer #3 · answered by mfl_football 2 · 0⤊ 0⤋
No, because it's not a criminal offense.
Congress never has to "enforce" any laws -- that's not a legislative function, except for internal operations.
Bush has a duty to see that the laws are faithfully executed -- but he's not personally responsible for enforcing individual laws -- other than by his own personal conduct in complying with laws.
And other federal officials cannot be punished for failing to do their job -- other than by intentional fraud or corruption.
2007-08-06 03:23:36 · answer #4 · answered by coragryph 7 · 3⤊ 0⤋
U.S. laws are based largely upon the premise of sovereign immunity: essentially, you can only sue the government when the government says you can. This is largely written and interpreted as not allowing any legal action regarding government inaction. In other words, you can't sue the government when they choose not to fund some program or enforce some law. Sorry.
2007-08-06 03:25:56 · answer #5 · answered by C.S. 5 · 2⤊ 0⤋
They cant be. Only the justice dept could be indited. The problem is if you start enditing law enforcement for not enforcing laws, you will lose. And you will open a can of worms that will never end.
2007-08-06 03:24:21 · answer #6 · answered by this_takes_awhile 3 · 2⤊ 0⤋
If you're going to prosecute them, then you need to prosecute Clinton and the congress during his time, H.W. Bush and the congress during his time, Reagan and the congress during his time, because all of them turned a blind eye to this problem. ~15 million people didn't sneak over here by accident, and not all during Bush's presidency.
2007-08-06 03:29:00 · answer #7 · answered by Pfo 7 · 2⤊ 1⤋
By your logic, they are YOUR elected officials. They represent YOU. Therefore, they are conducting business only according to YOUR will. Perhaps then, you should look to yourself for better answers or, resign yourself to having to arrest yourself for incompetence. "We the People..."
2007-08-06 03:39:55 · answer #8 · answered by Doc 7 · 1⤊ 0⤋
No. We should embrace Bush Amnesty because he knows better than the American people on Iraq, immigration, end of life issues, etc..
2007-08-06 03:22:24 · answer #9 · answered by Anonymous · 1⤊ 3⤋
of all the federal laws Bush has broken (over 140 according to the supreme court) immagration isn't one of them
2007-08-06 03:26:27 · answer #10 · answered by Anonymous · 2⤊ 3⤋