‘I Am President. I Am Not King’ The Supreme Court turns to Obama’s lawless immigration order.
http://www.wsj.com/articles/i-am-president-i-am-not-king-1460931575
One reason American politics is so polarized is that President Obama has been so cavalier about his constitutional duty to faithfully execute the laws he dislikes. On Monday the Supreme Court will hear a challenge to one of his worst abuses, his 2014 order that rewrites U.S. immigration law.
In United States v. Texas, 26 states sued to block Mr. Obama’s executive diktat that awards legal status, work permits and other government benefits to some 4.3 million illegal immigrants, with no consent from Congress. A federal judge issued a preliminary injunction stopping this ukase last year, and the Fifth Circuit Court of Appeals agreed. Those were narrow rulings, but the Justices enlarged the case to reach constitutional questions and will hear an unusual 90 minutes of oral argument.
We support humane and economically rational immigration reform, but Texas isn’t about the policy merits. The case implicates the Constitution’s separation of powers and the basic precepts of self-government. The Anglo-American legal tradition began as the English rebelled in the late 1600s against the Stuart kings who claimed the power to suspend or dispense with laws passed by Parliament. The first two grievances against the Crown in America’s Declaration of Independence concerned such “Abuses and Usurpations.”
The Framers wrote Article II’s Take Care clause to prevent the President from claiming the same lawmaking powers. The executive shall—not “may”—execute Congress’s laws faithfully, in one of the Constitution’s most specific instructions.
Congress has debated a more generous immigration policy during the Obama years, and all the while Mr. Obama insisted he couldn’t act alone. “I am President. I am not king,” he told Univision in 2014. “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.”
But reform failed, and two weeks after the 2014 midterm election Mr. Obama decided he could act like a legislature: “I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing.” He has no such authority. CONTINUE AT SITE
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