Because of President Obama's decreeing a substantial part of the DREAM act unilaterally, without authorization by Congressional action, he has changed the issue. It is no longer a question of whether the DREAM act is desirable. It now has become a question of separation of powers under the Constitution.
Even someone who wants to see the DREAM act become law can oppose this act by the President, because the Constitution (Art. II, Sect. 3) states that the President “shall take Care that the Laws be faithfully executed.”
When Pres. Obama decided that he would not support the so-called “Defense of Marriage Act” in the courts, he had a constitutional basis for doing so — he believed (and I believe rightly) that the DOMA was unconstitutional, and that he was supporting the higher law (the Constitution) against the lower law (DOMA). In this action, I supported him. But the President has not claimed that our immigration laws were unconstitutional. Therefore he has an obligation under Art. II, Sect. 3 to “take Care that [this law] be faithfully executed.”
As I earlier said, this should be cause for impeachment, but will not, because the political facts of life will prevent it — none of the Democrats in the Senate will vote to convict, and they constitute a majority, not just the 1/3 that can kill an impeachment.
At least one Congressman says he will sue. This is a worthwhile effort, but the way our court procedures work, it will take years for this suit to get through the court system. The much faster procedure is to retire Barack Obama this November.
Even someone who wants to see the DREAM act become law can oppose this act by the President, because the Constitution (Art. II, Sect. 3) states that the President “shall take Care that the Laws be faithfully executed.”
When Pres. Obama decided that he would not support the so-called “Defense of Marriage Act” in the courts, he had a constitutional basis for doing so — he believed (and I believe rightly) that the DOMA was unconstitutional, and that he was supporting the higher law (the Constitution) against the lower law (DOMA). In this action, I supported him. But the President has not claimed that our immigration laws were unconstitutional. Therefore he has an obligation under Art. II, Sect. 3 to “take Care that [this law] be faithfully executed.”
As I earlier said, this should be cause for impeachment, but will not, because the political facts of life will prevent it — none of the Democrats in the Senate will vote to convict, and they constitute a majority, not just the 1/3 that can kill an impeachment.
At least one Congressman says he will sue. This is a worthwhile effort, but the way our court procedures work, it will take years for this suit to get through the court system. The much faster procedure is to retire Barack Obama this November.
No comments:
Post a Comment