Not recently.
On January 20, 2009, President Obama recited the oath
required by the U.S. Constitution of all incoming chief executives. “I do solemnly swear or affirm that I will
faithfully execute the office of the President of the United States, and will
to the best of my ability, preserve, protect and defend the Constitution of the
United States.”
The Constitution further requires that “he shall take
care that the laws be faithfully executed.”
So how can
President Obama be faithful to his oath when his Administration announces that
certain classes of illegal-aliens will, unilaterally, be exempted from federal
immigration laws. Note that the language
reads “shall [not may] take care” that laws are executed.
As for who originates
the law, our nation’s charter specifies that “all legislative powers herein
granted shall be vested in a Congress of the United States…”
Simply put, the U.S. Constitution provides that Congress,
as the legislative branch, passes laws and the President, as head of the executive
branch, implements them.
The President has no right to enforce those who likes and
ignore those he doesn’t. A cynic (or
realist) might say that our President, a former Constitutional Law instructor,
is well aware of the document’s language but it certainly can’t be allowed to
stymie a more important concern – namely, his reelection. After all, the President will need every
Latino and Latina vote his immigration law posture may attract.
But there is a far more troubling observation to
make: The President’s policy preference
(the so-called Dream Act) was not approved by Congress so he chose to make
national policy by fiat. Is that mere
audacity or an unconstitutional usurpation of power?
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