– Darrell L. Castle – 24 November 2014 –
The American system under the Constitution is divided into three separate branches, each having distinct sets of powers and responsibilities. Overriding it all is the knowledge that rights come from God, not from government. This is the American system of law and government that generations of Americans have fought to preserve. It has never been intended for power to be embodied in a single person but rather in a system governed by the Constitution.
The framers listed the powers of Congress as Article 1 for a reason. Congress is the preeminent body – the representatives of the People. Article 1, section 1 is the most important section of the entire Constitution. It states, “All legislative power herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives.”
The President then has no legislative authority, none! Congress, under Article 1, section 8, paragraph 4, has the authority to establish uniform rules of naturalization and it has done so. The point is that Congress has enacted immigration laws (contrary to what the President asserts) through which naturalization is a path to citizenship for those legally in this country. It is against this system that a coup has been accomplished.
President Obama has now gone forward with his lawless, unconstitutional act of defiance against the American people. He was right when he said that his policies were on the ballot in the mid terms and the American people voted their strong rebuke. He apparently thinks he is a monarch – a monarch does not have to compromise, he gets everything he wants. But our Constitution requires compromise to get new laws through the House, the Senate, and the President. When the President purports to take on the characteristics of a monarch, it is incumbent on Congress to act and prevent subversion of the Rule of Law. The President has usurped the legislative power of Congress, and Congress should act immediately to take it back.
So, what does the Constitution Party platform have to say about the President’s view? “The Constitution Party demands that the Federal Government restore immigration policies based on the practice that potential immigrants will be disqualified from admission to the U.S. if, on the grounds of health, criminality, morals, or financial dependence, they would impose an improper burden on the United States, any state, or any citizen of the United States. We oppose the provision of welfare subsidies and other tax payer-supported benefits to illegal aliens, and reject the practice of bestowing U.S. citizenship on children born to illegal parents while in this country. We oppose any extension of amnesty to illegal aliens and call for the use of U.S. troops to protect the states against invasion.”
I submit to you, however, that the issue of concern in the President’s speech is not illegal immigration or amnesty. It is instead, the authority or lack of authority of a man who has assumed the role of monarch. The President laid out his justification for his action in the fashion of a true monarch. “Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as President – the same kinds of actions taken by Democratic and Republican Presidents before me that will help make our immigration system more fair and more just.”
The President knows he has no such authority. From an Obama speech three years ago, “Believe me, the idea of doing things on my own is very tempting, not just on immigration reform. But, that’s not how – that’s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.”
He also knows that his order is different from those of Presidents Reagan and George H. W. Bush as neither man issued an amnesty order with no Congressional legislation. The President has no precedent to hide behind.
The President then seems to take the position that if Congress agrees with him that’s great, but if not, he is converted to absolute ruler. The President delivered his speech without any indication that he was ashamed of its obvious falsehood. Even much of the press, including the New York Times, Wall Street Journal and Washington Post were at least mildly critical. All three papers expressed their strong support for the President’s position on amnesty but they all disapproved of a unilateral Presidential order.
Peggy Noonan in her opinion piece in the Wall Street Journal Weekend Edition said it best. “The President’s executive action on immigration is an act of willful nihilism that he himself had argued against in the past. It is a sharp stick in the eye of the new Congressional majority. It is at odds with – it defies – the meaning and message of the last election, and therefore is destructive to the Reputation of Democracy itself. It is huge in its impact but has only a sole cause, the President’s lone will.”
The President’s actions will also encourage and invite more illegal immigration and shows clearly the President’s complete disregard for the working people of America. The reaction to the order is that Congress is considering several options. They wring their hands and worry that some members may overreact. Some states are preparing law suits based on an “unfair taking” argument. Congress is preparing lawsuits and budget attacks on the order.
For the American People, this means that if Congress fails to act in a meaningful way to take back its legislative authority, then the people have been disenfranchised and there is no longer a reason to vote if that vote is restricted to Democrats and Republicans. I predict that Congress will not act in a meaningful way because the Republican Leadership, judging from past statements, wants amnesty at least as much as the President. They are secretly glad he did it and they don’t have to take the blame. If that is true, consider voting for the Constitution Party in the next election. Let’s restore the Constitution – together!