Obama: Pass a bill or I’ll rip up the Constitution

When Republicans challenged Obamacare in the courts, they had to overcome the hurdle of persuading the U.S. Supreme Court to overturn a program enacted by Congress and signed by a president. The legal challenge by Texas and 25 other states to the administration’s executive actions on immigration is different. Congress never passed a Deferred Action for Parents of Americans and Lawful Permanent Residents (or DAPA) to grant legal status to some 5 million undocumented immigrants. President Obama himself never signed what his aides call an “executive action”; Department of Homeland Security Secretary Jeh Johnson takes that honor. Thus DAPA is a scary power grab that claims the president — and even his bureaucrats — have the power to override duly enacted federal law. Federal Judge Andrew S. Hanen of Brownsville, Texas, was right to issue a temporary injunction against it.

The president does not have the right to overturn laws he does not like. The former constitutional law professor knew that in 2010. When asked why he had not pushed through a bill to legalize undocumented immigrants, Obama told Univision: “I am president; I am not king. I can’t do these things just by myself. We have a system of government that requires the Congress to work with the executive branch to make it happen.”

On Nov. 20, when Obama announced the expansion of his Deferred Action for Childhood Arrivals program to include undocumented adults, he said, “To those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.”

George Washington University law Professor Jonathan Turley is an Obama voter who is appalled. Testifying before the Senate Judiciary Committee, Turley charged that partisan “division is no license to 'go it alone’ as the president has suggested. You have only two choices in our system when facing political adversaries: You can either seek to convince them or to replace them. This is obviously frustrating for presidents (and their supporters) who want to see real changes and to transcend gridlock. However, there is nothing noble in circumventing the Constitution. The claim of any one person that they can 'get the job done’ unilaterally is the very Siren’s Call that our Framers warned us to resist.”

The Constitution charges the president to “take care that the law be faithfully executed”; Obamaland contends it is simply engaging in executive discretion. But Judge Hanen countered, “Exercising prosecutorial discretion and/or refusing to enforce a statute does not also entail bestowing benefits” — like Social Security cards, work permits and the ability to travel.

In supporting the president’s imperious go-it-alone approach, Democratic leaders have acquiesced to what Turley calls “their own institutional obsolescence.” They’ve handed a tool of mischief to the next chief executive.

House Speaker John Boehner, R-Ohio, has a chance to be relevant by pushing a bill that would grant legal status to undocumented immigrants brought here as minors. Such a bill also would continue funding for the Department of Homeland Security before a Feb. 27 budget deadline. The Senate and White House would bristle about a package less generous than the big bill passed by a Democratic Senate in 2013, but if enacted, such a measure would be the law of the land until and unless a new Congress and president overrode it. Unless, that is, Americans decide the Constitution doesn’t mean anything.

Link:  http://www.sfgate.com/opinion/saunders/article/Obama-Pass-a-bill-or-I-ll-rip-up-the-6088359.php

IMPEACH OBAMA, THE FRAUD, NOW!