I wish I didn’t have more bad news to report, but I do*:
President Obama announced this afternoon that he will bypass Congress to enact “comprehensive immigration reform.” However, at no point did he discuss what his plan would entail.
Obama’s keyword is “comprehensive,” which means “the bill I want them to pass.”
According to William Jacobsen:
The most chilling portion of his announcement was when he suggested, “American cannot wait forever for them to act. That’s why today, I’m beginning a new effort to fix our immigration system”¦ on my own, without congress.“
That cold and chilly wind has been coming on us for a long, long time.
Jacobson adds that “We can only hope this is nothing more than his typical political posturing and that no actual action will come from his reckless disregard of our check and balance system.”
We can certainly hope, but let’s hope that we can do more than only hope—because I believe that Obama is testing the waters here and has every intention of acting. Doing this is not just important to him, right now it’s the most important thing in the world to him, and I mean that literally. It would establish his ability to do practically anything he wants, and if successful it would facilitate the permanent domination of the Democratic Party electorally. So, he will announce an executive action on this unless Congress shows some spine and stops him in some way. And then there would be a resultant constitutional crisis.
Interesting times we live in, aren’t they?
From Ace:
Obama is claiming that Congress’ choice not to pass a law constitutes an abandonment of constitutional power (rather than the exercise of it), and then that power flows precisely to the President.
Just how the Framers’ designed it, huh?
You have refused to grant me the power of Imperium. Therefore, you have irresponsibly abandoned your exercise of that power, and the power to declare myself emperor flows into my own hands.
Grant me power, or I will seize it. The choice is yours.**
Jonathan Turley is a pro-Democrat-but-somewhat-libertarian law professor who’s been calling Obama on his imperial presidency for quite some time. He has this to say about today’s announcement (note the condemnation of both Bush and Obama; but there is little doubt that he thinks the problem has escalated greatly under the Obama):
A growing crisis in our constitutional system threatens to fundamentally alter the balance of powers ”” and accountability ”” within our government. This crisis did not begin with Obama, but it has reached a constitutional tipping point during his presidency. Indeed, it is enough to bring the two of us ”” a liberal academic and a conservative U.S. senator ”” together in shared concern over the future of our 225-year-old constitutional system of selfgovernance.
We believe that people of good faith can likewise transcend politics and forge a bipartisan coalition to examine these changes. In our view, the gridlock in Washington is not simply the result of toxic divisions. The dysfunctional politics we are experiencing may in part be the result of a deeper corrosion ”” a dangerous instability that is growing within our Madisonian system…
First, we need to discuss the erosion of legislative authority within the evolving model of the federal government. There has been a dramatic shift of authority toward presidential powers and the emergence of what is essentially a fourth branch of government ”” a vast network of federal agencies with expanded legislative and judicial power. While the federal bureaucracy is a hallmark of the modern administrative state, it presents a fundamental change to a system of three coequal branches designed to check and balance each other. The growing authority invested in federal agencies comes from a diminished Congress, which seems to have a dramatically reduced ability to actively monitor, let alone influence, agency actions.
Second, much of the tit-for-tat politics that has alienated so many Americans is due to the fact that courts routinely refuse to review constitutional disputes because of an overly constricted view of the standing of lawmakers to sue and other procedural barriers. While there can be legitimate disagreement over how and when legislative standing should apply, current legal barriers rob the system of a key avenue for resolution of such conflicts. A modest expansion of standing would provide greater clarity to the line of constitutional separation without causing a flood of cases…
The framers believed that members of each branch of government would transcend individual political ambitions to vigorously defend the power of their institutions. Presidents have persistently expanded their authority with considerable success. Congress has been largely passive or, worse, complicit in the draining of legislative authority. Judges have adopted doctrines of avoidance that have removed the courts from important conflicts between the branches. Now is the time for members of Congress and the judiciary to affirm their oaths to “support and defend the Constitution” and to work to re-establish our delicate constitutional balance.
Good luck, Professor Turley. I hope you’re not crying in the wilderness here. Because the hour is late and getting later.
Oh, and this is what I predict Obama will actually announce, if he doesn’t get enough pushback from his own party (and maybe even if he does). He’ll announce an immigration approach that will appear to include what conservatives (and most Americans) would like to see: increased patrol of the borders. He’ll also say he will expedite deportations. So this will all lend credence to his plea that he’s only doing what Congress should have done and what the American people want.
But there’s a catch: the border element will mysteriously fall by the wayside, and the entire operation will end up only expediting the granting of asylum to most of the parents and children who have come here illegally, under the argument that they are fleeing in fear of their lives and also under our family reunification policy. He’ll try to keep the statistics on all of this hush-hush. But it will accomplish his goal, and he will extend programs like his executive action of June 2012 that started the whole Cloward-Piven illegal immigration ball rolling.
If he doesn’t do any of this, or if he actually puts teeth into border patrols and subsequently expedite deportations, I’ll be very surprised. Although even that wouldn’t make his unilateral action right in doing this, at least the short-term effects on immigration would be a plus. The proper way to do it, however—and the way I believe every other previous president, Democratic or Republican, would have gone about it—would be to finally work with Congress and to allow the border to actually be beefed up as a start, followed by other Congressional actions. As it is, though, there’s no way Obama can be trusted on this.
[*NOTE: On the subject of bad events coming on the heels of more bad events, see this post of mine from March of 2009, about two and a half months after Obama first took office:
…[F]or now my working hypothesis is that Obama is a man of the Left, that he is insufficiently devoted to the age-old American idea of liberty but is instead a committed statist, and that the mind-numbing pace of his change is deliberate and has been effective so far.
I used the word “numbing” in the above paragraph, and I mean it. I noticed in the same comments section of yesterday’s post that another reader pointed out that “I am seeing the effect already amongst friends who have just stopped listening to any news.”
Oddly enough, this is what I have noticed among my liberal friends, Obama-supporters all. I cannot tell you how many times I have asked them what they think about Obama so far and they answer that they haven’t really had time to follow it all, and it’s all so very confusing.
Now it’s true that most of my liberal friends are not exactly newshounds, nor do they read blogs, even blogs on the Left. But it seems as though they are turning away from politics even more than usual, especially considering that they should be joyfully lapping up the wonderful news, now that their man Obama is in. I believe that their turning away is both an attempt at protecting themselves from the anxiety of hearing about the financial crisis, and a reaction to a feeling of “something just isn’t right with Obama” in the pits of their stomachs.
I am convinced that Obama is counting on this reaction. He knows the Left is behind him (except for a few details such as his Afghanistan policy, or those who think he’s not far enough to the Left in terms of his financial interventions). He knows those on the Right will despise him and what he’s doing. He knows both of those groups will be paying attention to the details.
But he also knows that those more in the middle will not be noticing much, until the deeds are done. And he is counting on them to look away and hope for the best. The question is whether his pace is fast enough, and whether they will catch on””and whether they will then understand what is happening, or care. Or will the predictions of the Grand Inquisitor come to pass in this country, as they have in so many others?]
[**NOTE: This business of blaming Republicans for forcing his hand is an old, old trick of Obama’s. I first noticed it, and was alarmed by it, early in his 2008 campaign when he broke his promise on campaign finance funds and blamed it on the Republicans.]