Obama’s Executive Order on Immigration: Usurping Constitutional Authority?
Despite being thousands of miles from the action over here in Britain, I did try to warn Americans that the person knows as Barack Hussein Obama was not a fit and proper person to be considered as a candidate for the Presidency of The United States.
Nothing to do with where he was born or whether the fact that his father's British colonial nationality rendered him inelegible, not with his alleged honosexuality, cocaine addiction or work experience as a male prostitute you must understand. No, I was simply aware (more aware in my position than any American citizen could be) of who was backing him. I'm not going to name them, I have a family, but the people behind Obama, the people who bankrolled his drive for the highest office were some of the most ruthless, vicious corporate pirates ever. These people stop at nothing to get what they want. And what they want is complete control of everything.
Obama's entire Presidency has been leading up to the moment last week when he crowned himself the first God - King of Obamaland.
“The magnitude and the formality of it is arguably unprecedented. It’s fair to say that we have never seen anything quite like this before in terms of the scale.” Peter J. Spiro, Temple University law professor
When James Madison first proposed the balance of power concept for the newly created Federal government with three equal branches of government – each independent of the other with clearly defined responsibilities, he may not have anticipated, despite its enshrinement in the Constitution, how easily that balance of power could be so shrewdly subverted.
While President Obama’s recently announced Executive Order makes sweeping changes to the country’s immigration system without Congress, the emerging legal question is whether the President has overstepped his Executive authority and is ultimately usurping constitutional authority in exceeding existing immigration law which requires that those who arrive in this country illegally be deported. While many of us may not like aspects of that law, it is, nevertheless, the law.
In July, 2014, well-known liberal constitutional scholar Jonathan Turley testified before the House Rules Committee that:
“The President’s pledge to effectively govern alone is alarming, and what is most alarming is his ability to fulfill that pledge. When a president can govern alone, he can become a government unto himself, which is precisely the danger the framers sought to avoid . .”
And since the President announced his immigration Executive Order (EO) on November 20th, Turley added:
“What the President is suggesting is tearing at the very fabric of the constitution. We have a separation of powers that gives us balance and that doesn’t protect the branches. It’s not there to protect the executive branch or the legislative branch, it’s there to protect liberty. It’s there to keep any branch from assuming so much control that they become a threat to liberty.”
“What the Democrats are creating is something very very dangerous. They’re creating a president who can go at it alone and to go at it alone is something that is a very danger that the framers sought to avoid in our constitution.”
“What I’m hearing certainly causes great concern that he will again violate the separation of powers,” Turley said. “No president can take on the power of all three branches and that’s what he seems to be doing. He certainly seems to be taking on legislative authority. He isn’t being particularly coy about this, you know he says ‘this is what I wanted to get out of legislation and I’m going to do it on my own’ and that does become a government of one.”
In 2011, Turley represented a bipartisan group of 10 House members who challenged Obama’s constitutional authority to prosecute the war in Libya without congressional approval. Currently, Turley is representing the US House of Representatives in their lawsuit challenging the President’s “unconstitutional and unlawful actions” regarding his “unilateral implementation” of the Affordable Care Act aka Obamacare.
In use by every president since George Washington, Presidential EO’s, originally informal housekeeping directives to Federal officials and agencies, have grown in substance with the ‘full force of law’ as if Congress had acted. EO’s are temporary until the next Executive acts and are subject to judicial review (although courts are reluctant to intervene) while Congress frequently looks the other way. Today, EO’s provide a perfect foil in which to change existing law without encountering significant media or public scrutiny and avoid pesky Congressional oversight.
In addition, it is now apparent that an EO may not be necessary for a scoundrel President to alter the specific language of an established law when, for example, a bill’s original intent is not sufficient to address new circumstances or an essential concept that was mistakenly omitted or simply because the Executive can do whatever the Executive wants. As Madison and the Founders intended, under the US Constitution, the Congress makes the laws and the President is charged with implementation.
While Presidential power is derived from the Constitution’s implied authority contained in the broadly-interpreted ‘executive power shall be vested in the President’ directive (Article I, section 1, clause 1) as well as Presidential responsibility to “take care that the laws be faithfully executed” (Article II, section 3, clause 5), there is no legal mandate that allows the Congress or President to fudge their Constitutional lines of responsibility, regardless of what political differences may exist.
It is against this backdrop that the President risks being accused of an overreach of ‘executive power’ that inevitably raises essential constitutional concerns. The question arises that by deferring enforcement action while establishing a newly created special status for a group of citizens, the President is, in effect, violating the immigration law as enacted by Congress and that the President has gone beyond prosecutorial discretion and into the area of legislating.
Read full article at Global Research
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