The federal DREAM Act failed to pass Congress; however, President Obama has never been one to let a pesky little thing like the U.S. Constitution to get in the way of achieving his policy objectives.
The Obama administration will stop deporting and begin granting work permits to younger illegal immigrants who came to the U.S. as children and have since led law-abiding lives. The election-year initiative addresses a top priority of an influential Latino electorate that has been vocal in its opposition to administration deportation policies.
The policy change, described to The Associated Press by two senior administration officials, will affect as many as 800,000 immigrants who have lived in fear of deportation. It also bypasses Congress and partially achieves the goals of the so-called DREAM Act, a long-sought but never enacted plan to establish a path toward citizenship for young people who came to the United States illegally but who have attended college or served in the military.
Let’s take a look at Article II of the Constitution (the article dealing with the presidency, for those of you in Rio Linda). Hmmm, we’ve got length of term, eligibility requirements, the electoral college, Commander-in-Chief, state of the Union, adjourning Congress . . . don’t see anything here about just ignoring the will of Congress when they don’t implement policies you approve of.
Oh. Wait. There it is. It’s right between the penumbras and emanations guaranteeing the right to privacy and abortion. My bad. Clearly my Ph. D training was incomplete.
Now you might be upset with this decision, but do not question President Obama’s fealty to the Constitution. This is a man who has been a zealous guardian of the Executive Branch’s duties and responsibilities. And if you don’t believe me, just take a closer look at the tremendous work the Justice Department has done in fighting for the Defense of Marriage Act. No, that president would never let partisan politics prevent him from faithfully upholding the laws of our land.
In all seriousness, this is another power grab that would be impeachable in a saner world. Make no mistake, this is not about the policy itself. That is a topic for another discussion, and is absolutely not the point of this post. The merit of the policy is irrelevant to the concerns over constitutional authority and power. Last I checked this was still a constitutional republic, not an autocracy, and the president of the United States cannot simply make policy absent a grant of legislative authority.
What’s troubling to me is seeing a handful of Catholics applauding this decision, including Archbishop Schnurr of Cincinnati. I understand why these individuals support the overall policy, but again, the policy itself is beside the point. You should not applaud a policy when the manner in which it is implemented so flagrantly violates the Constitution.
So let me say this bluntly: if you approve of the president’s actions in this particular case, then you have absolutely no standing whatsoever to to complain about the constitutionality of the HHS mandate. If you support this action but think the HHS mandate is a tyrannical show of force, then you are a complete hypocrite. You’re essentially signalling that you are okay with usurpation of constitutional authority when you agree with the policy outcome. Just as we can’t be cafeteria Catholics, we don’t get to be cafeteria constitutionalists either. You don’t get to pick which parts of the Constitution you uphold. Now of course constitutions, unlike dogma, can be amended and changed, though I suspect permitting the president of the United States to do whatever he likes whenever he likes would not be an advisable change.
This president has absolutely no regard for the Constitution, and this action only helps underscore this undeniable fact.