Sunday, July 15, 2012

Is Barack Obama Faithful to his Oath as President?


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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