Showdown at 1600
Pennsylvania Avenue
President Obama has set up
a confrontation with Congress that he cannot win. His intention to use
Executive Orders to repair perceived inequities in immigration goes far beyond
the powers granted to the Executive Branch. There is no section in the Constitution
or in statute that permits Executive Orders. Executive power is noted in
Article II, Section 1, Clause 1 of the Constitution which merely refers to the
President as the Executive. The President is directed to “take care that the
Laws be faithfully executed” as explicitly stated in Article II, Section 3,
Clause 5 or else would face impeachment. Prior Presidents used “Executive Authority”
to carry out duties delegated to their branch of government in the normal
course of its functions. Failing to fulfill these requirements could be a cause
for removal from office. In the case of President Obama his planned Executive
Order on immigration would circumvent the legislative process hence making a
new law which he is not empowered to do. This is the conundrum Congress and the
American public face.
Days after the 2014
election a defiant President Obama misread the will of the people claiming he
was going ahead with his plans to resolve “the immigration crisis.” A rapid
rebuke to Obama’s plans came from the new Majority Leader of the Senate Mitch
McConnell and the current House Speaker John Boehner. In no uncertain terms,
Speaker Boehner noted, circumventing Congress would jeopardize immigration
reform for the rest of Obama’s term. http://www.politico.com/story/2014/11/john-boehner-obama-immigration-112861.html?amp The President seemed oblivious to the remarks from
these leaders as his closeted plans leaked to the media. Expectations are Obama
will proceed with his immigration agenda which will be met by an immediate
judicial review or worse, an impeachment hearing. Quiet rumblings of
impeachment by the more youthful members of Congress is not off the table.
Excluding the latter
blocking funds for
enforcement of Obama’s stated goals is another mechanism to stop his illicit
acts. Ramifications of President Obama’s planned actions are numerous including
a cost to implement in the tens of billions. As these people are legitimatized
by Obama’s edicts rest assured more legal Americans will be edged out of work
and onto entitlement programs. Boehner and McConnell are aging fossils who were
very silent as Obama trampled on the Constitution in the past. They need to be
replaced with more youthful members of the conservative caucus who want to act
quickly to contain the President. Obama has drawn a proverbial line in the sand,
which he plans to cross, daring Congress to act against him. Lame duck
presidency will take on new meaning this January as the Republicans take
control of the Senate. The question is: Do they have the cojones to act or will
this be a replay of the Reid tenure? Most likely the former will occur, if not
the Republicans will find their majority will dwindle next election cycle.
Mark Davis MD, President
of Davis Writing Services www.daviswritingservices.com
Author of the popular book, Obamacare: Dead on Arrival, A Prescription for
Disaster. For interview requests: platomd@gmail.com
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