Article 1 Section 8 of the U.S. Constitution gives Congress the exclusive authority to establish a uniform rule of naturalization. Article II Section 1 of the U.S. Constitution instructs the President, Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—I do solemnly swear (or affirm) 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. Article II Section 3 instructs the President, He shall take Care that the Laws be faithfully executed. On Jan. 30, 2013, when asked about executing a moratorium on deportation, President Obama said, “I am not a king. I am head of the executive branch of government. I am required to follow the law.” The President has admitted on multiple occasions that the action he is taking tonight is an unconstitutional overreach. Those who have excused the presidents unlawful behavior by comparing this action to that of Ronald Reagan in 1987 or George H. W Bush in 1989 or even, the special immigration deferments passed to protect immigrants from war torn Afghanistan or Nicaragua are either unprincipled, dishonest, or just plain stupid.. or all three. Ronald Reagan and George H.W. Bushs executive actions followed the intent of a law PASSED by Congress in their constitutional roll - the 1986 Immigration and Reform Control Act. It addressed and remedied the unanticipated separation of families but still embraced the spirit of the law. George H. W. Bush even worked with Congress to solidify those adjustments made to preserve the intent of the law in the IRCA by passing the Immigration Act of 1990. President Obamas executive decree is not based on any legislation. It goes beyond prosecutorial discretion. In fact, Congress rejected the very legislation that serves as the foundation of this decree. It is antithetical to Congresss intent and an overtly political and legislative act. Blaming Congress for inaction is not a constitutional justification. If the President truly believed in this cause, he had a majority in Congress and a supermajority in the Senate to pass legislation in his first two years in office. This is a cynical power-grab designed to keep the president relevant, to feed his political narcism and to further divide our nation just to score political points. This executive overreach should not be a partisan fight. The preservation of the constitutional spirit of co-equal branches of power should be a concern to all parties. Our country was founded trying to escape the tyrannical power vested in a monarch. Our republic was founded on a Constitution that separated the powers to guarantee our liberty and to insure us against the tyrannical rule of a singular body. As Montesquieu once said When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Unfortunately, our so-called Constitutional Law Professor-in-Chief is too ignorant or too corrupt to understand the concept of separation of powers and the protections built into the constitution to prevent the concentration of power. Article II Section 4 of the U.S. Constitution provides a remedy, The President, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanor. Madison said in Federalist #51, Ambition must be made to counteract ambition. But this works only if the other powers engage. Unfortunately, Impeachment is a political process that requires 67 votes in the Senate to convict a President who continues to act unlawfully. Finding one principled Democrat to object to and oppose the presidents imperial and unlawful actions has been sadly, lacking. Finding 22 principled Democrats or independents to impeach is a fantasy. Sadly, the Democratic Party is just a shell of what it once was. It has become the party of fraud, chicanery and deception and Democrats ought to be ashamed of themselves. There is no Howard Baker willing to stand on principle. While this pyrrhic victory may serve them in the short-term, it is shortsighted. This unconstitutional and unlawful expansion of executive power can be utilized against their interests and the interest of all Americans in the future. The paper King... investors/editorial-cartoons/michael-ramirez/727426
Posted on: Fri, 21 Nov 2014 01:59:40 +0000
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