In November 2014, President Barack Obama has issued executive orders to basically not enforce immigration law for some 5 million people. This is an attempt to begin the process of de facto amnesty. So… here’s my take…
Constitutional?
What Obama did was indeed beyond his Constitutional authority. He knows that. He’s stated it point blank many times. The problem is that Obama doesn’t give a rat’s posterior about the Constitution (the principles of which he has sworn to protect). It’s a character thing.
The Straw-men:
Obama claims that he is doing nothing that Republicans like Reagan and Bush did. This argument is simply slight or hand meant to cloud the issue. Other Presidents have indeed used executive orders to affect the enforcement of immigration law, but always in an attempt to enforce the letter and spirit of legislation duly passed by the Congress; NOT to create law Congress should have (in the President’s opinion) passed.
It’s generally pretty easy to find an equivalent situation that demonstrates the hypocrisy of the left when it comes to these scenarios. The Keystone XL pipeline offers such an opportunity. This would be like the House of Representatives deciding that the Senate and President should have acted on the pipeline instead of keeping the project in limbo for years. What if the House had approved the project, appropriated the funds, found someone to make it happen and bypassed the Senate and the President. Harry Reid refused to allow a vote (which would probably have passed before the election), just as the House did on “Comprehensive Immigration”. Neither legislative branch is required to vote on every bill passed by the other. Reid, in fact has been much more guilty of this sin than Boehner. And then there is Obama, who claimed he kind-of might think about support the pipeline if it ever reached his desk… But the logic goes… with no action taken, surely the House would be justified in moving forward on such an important issue.
But in reality, NO, they wouldn’t. In fact, if the House and Senate can’t get the Keystone XL pipeline though in 2015 (possibly having to override a Presidential veto), then it should not go forward. It should become a possible issue in the 2016. But the process should be followed.
In another example, tax reform is every bit as important is immigration reform. Do you think the next President (possibly a Republican) should have the same prerogative on enforcement of tax law if Congress fails to act? Can the President simply instruct the Treasury and IRS to not collect taxed for a certain group or enforce certain tax laws. Of course not. The idea is absurd, and THIS is no different.
Republican Action:
So what should the Republicans do? What the President has done here is impeachable. And in a perfect world, one in which the rule of law means something, that is exactly what should and would happen. But alas, we do not live in such a world. (In such a world, Lois Lerner would already be in jail.)
Republicans should stay calm and collected and look at the ramifications of their options. They should define their real goals, and evaluate what options/actions can realistically move us towards those goals during this time of Constitutional crisis. They should choose options that achieve goals while minimizing the damage to the nation.
The Republicans in the Legislature should use what power (Constitutionally) they have to directly thwart the President. That begins with the “power of the purse” in the House of Representative. While I understand that it is next to impossible to use that power to get the President to do something he is refusing to do (like secure the border); it can be used to prevent any money from being spent on what little requires bureaucratic action (like the issuing of green cards). This is precisely how the Republicans (and a few Democrats) prevented Obama from closing down Guantanamo. They basically told the President, “You and Holder want to bring all the terrorists over here and put them in American courts? Knock yourself out. You just can’t spend one red cent of federal money doing it.”
Now when it comes to the “power of the purse”, I’m not saying we have another government shut-down. Don’t get me wrong, I like and support government shutdowns; but they have proven to be ineffective due to the main stream media amplifying the feigned leftist hysterics to great effect. Thus the Republicans need to be smart in how they use this power.
The Senate (once controlled by the GOP) too should extract some costs from Obama for his actions. I like Ted Cruz’s idea of using the Senate’s Constitutional power of “advise and consent”. Thus, no more hearings on Obama nominations, with a few exceptions for positions that may have some affect on public safety.
The main point here is that we can use lawful and Constitutional means to thwart lawless behavior by the Commander in Chief. Will there be much wailing and gnashing of teach by the left (and amplified by the main stream media)? Yes. That is where cojones (balls) come in; and granted those are not a Republican strong point.
Comprehensive?
At the same time. The Republicans should move forward putting legislation on the desk of the President; starting with the Keystone XL Pipeline. In some cases, this is simply a means of exposing the lefts feigned support of issues (like Keystone XL) and in others an opportunity to get things done in a bipartisan manner. Legislation sent to the President should also include simple straight forward bills concerning fixing immigration.
But know this. “Comprehensive” when describing desired legislation is Washington speak for “Obfuscation”. Comprehensive means to design something so enormous that the devil can easily been hidden in the details. Comprehensive means that the “Stupidity of the American Voter” (see Jonathan Gruber, Obamacare Architect) can be used to deceive and hide costs, results, and ramifications. After the Obamacare fiasco, nothing coming out of Washington should ever again be “comprehensive”. Not immigration reform, not health care, not twiddly winks… NOTHING.
“Comprehensive” is the bill that came out of the Senate. THAT is what the Obama and the left want; and it should remain dead on arrival in the House.