Thursday, April 18, 2024
Miles from the Mainstream
D. R. ZUKERMAN, proprietor

Is this the Beginning of the End of Congress?


November 19, 2014 --

The lead story in the November 14 New York Times tells readers: "Asserting his authority as president to enforce the nation's laws with discretion, Mr. Obama intends to order changes that will significantly refocus the activities of the government's 12,000 immigration agents."

Article I, Section 1 of the United States Constitution vests in Congress, consisting of the Senate and House, "[a]ll legislative Powers herein granted...." Article II, Section 1 vests "executive Power" in the President and provides, in Section 3 of this Article, that the President "shall take care that the Laws be faithfully executed...." The New York Times November 14 story reported: "...the president and his top aides have concluded that acting unilaterally is in the interest of the country and the only way to increase pressure on Republicans to eventually support a legislative overhaul that could put millions of illegal immigrants on a path to legal status and perhaps citizenship."

LPR is unaware of a provision in the Constitution authorizing the president to act unilaterally in the absence of legislative enactment by Congress. And if the president acts "unilaterally," what is there left for "Republicans" to do, except bring articles of impeachment against the president -- or complete his transformation of our government by ceding all legislative power to him?

A New York Times editorial, November 11, urging quick action on the nomination of Loretta Lynch to succeed Eric Holder as attorney general, commented that it would be appropriate to ask Ms. Lynch to "disclose her position on, among other things, the president's announced plan to take executive action on immigration." LPR would be very interested in the position of The New York Times on the "executive action" issue.

This hypothetical comes to mind. Ms. Lynch tells the Senate Juddiciary Committee that President Obama has authority under the constitution to issue executive orders in the absence of congressional action. Thereupon, the Judiciary Committee fails to confirm her nomination. President Obama responds by declaring that Ms. Lynch is appointed attorney general by executive order. What next, New York Times?

Warnings to the House of Representatives not to use its "power over the purse" to cut off funding to the Department of Justice? Just how far are leftists prepared to go in transforming the government of the United Strates? Are leftists about to claim the Constitution includes, in fact, a provision comparable to Article 48 of the Weimar Constitution that authorized the German chancellor to rule by decree. In Germany, Adolf Hitler was not the first post World War 1 German chancellor to invoke Article 48; he was, quite simply, the last.