Did you know that President Trump was an authoritarian, abused his power and violated the Constitution?
Nothing Trump did in office was as clearly, obviously and intentionally a direct violation of the Constitution’s limits on Presidential power as what President Barack Obama did in 2012 when he could not get Congress to pass a law allowing so-called “Dreamers” to stay in the United States. He used an Executive Order to establish the Deferred Action for Childhood Arrivals (DACA) program despite saying himself (remember, Obama is supposedly a Constitutional Law scholar) that he didn’t have power to do it.
That was the exact moment when I concluded that Obama was not only a weak and feckless President, but an arrogant and dangerous one.
The 5th Circuit Court of Appeals today affirmed a lower court decision declaring DACA unlawful. The case now goes back to the lower court for review of the Biden administration’s DACA final rule. The three-judge appeals panel decision holds that Obama’s order violated statutory provisions regarding immigration. “The district court’s excellent opinion correctly identified fundamental substantive defects in the program,” Chief Judge Priscilla Richman wrote in the 46-page opinion. “DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits. Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them.” Obama’s circumvention of the law because he lacked the skill and willingness to bargain to seek his goals legally “contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization,” the opinion says. “In our view, the defendants have not shown that there is a likelihood that they will succeed on the merits.”
Then the Court exercised compassion, which was appropriate, since many beneficiaries of Obama’s unethical move relied on it: “We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients.”
This episode epitomized the brutal calculus of the current progressives and their party. The ends justify the means; if the Constitution prevents a measure the Left thinks is “right,” then either that document needs to be changed, violated, or ignored. Then the party hopes the illegal measure will last as long as possible, or that an ideologically biased court will concoct a rationalization to uphold it.
“Immigration advocates said the ruling signaled that the only chance for DACA to survive was for Congress to pass a law to protect young immigrants, something it has been unable to do for more than two decades,” sniffed the New York Times. A tragedy: now they’ll have to persuade the public and Congress to pass a law, like they were supposed to do in the first place. Don’t have the votes? Is the public losing patience with millions of illegal aliens crossing a porous border? Better start trying to make laws the old fashioned way, then. You know: democratically, not by edict.
I can think of no better example of how the Democratic Party has engaged in gaslighting the public, screaming about Republicans being threats to Democracy by showing repeatedly that the process only has its favor when and if it follows the progressive agenda.