re: If Obama gives executive amnesty to 5 million illegals, do you want impeachment?

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And Lincoln's issuing of a blanket amnesty to all but a few Confederate leaders, coupled with Carter's amnesty to all civilians who failed to register for selective service and/or otherwise dodged the draft serve as precedents.

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...granting a general amnesty could fall under Article II powers to grant reprieves and pardons for crimes against the United States--in this case illegal entry and/or evasion of authorities, taxes, etc (or whatever the applicable statutes are).

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Regarding the legal nature of warrants of pardon and their delivery and acceptance, it appears that pardons must be physically delivered before they become legally effective.

In United States v. Wilson, Chief Justice Marshall, writing for the Court, stated: “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended...”

The Court further declared:
“A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete, without acceptance.”

Chief Justice Marshall went on to explain that a warrant of pardon must be pleaded like any other private instrument before any court may take judicial notice thereof.

This standard was reiterated in Burdick v. UnitedStates, where the Court stressed that the contention that pardons have automatic effect by their “mere issue” was rejected in Wilson “with particularity and emphasis.” The Court further stressed in Burdick that a pardon may be refused, since its acceptance may involve “consequences of even greater disgrace than those from which it purports to relieve.”

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I, Barack Hussein Obama, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

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Regarding the legal nature of warrants of pardon and their delivery and acceptance, it appears that pardons must be physically delivered before they become legally effective. In United States v. Wilson, Chief Justice Marshall, writing for the Court, stated: “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended...” The Court further declared: “A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete, without acceptance.” Chief Justice Marshall went on to explain that a warrant of pardon must be pleaded like any other private instrument before any court may take judicial notice thereof. This standard was reiterated in Burdick v. UnitedStates, where the Court stressed that the contention that pardons have automatic effect by their “mere issue” was rejected in Wilson “with particularity and emphasis.” The Court further stressed in Burdick that a pardon may be refused, since its acceptance may involve “consequences of even greater disgrace than those from which it purports to relieve.”

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I, Barack Hussein Obama, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

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However, all that is is the equivalent of an indictment. There is no chance that the U.S. Senate will vote to remove the president from office. Even if the Republicans pick up enough seats in the midterm to have 52 or 53 seats, there will still be more than enough Democrats who would never vote to impeach under any circumstances and who would block this. Impeachment is fun to think about and discuss, but in the end the only basis for removing the president from office is to get two-thirds of the Senate to go along. That will NEVER happen.

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