"The Imperial Presidency Of Barack Obama"
Along with the erosion of civil liberties, there's a dangerous and willful creeping imperialism in The White House. In this administration, there's the announcement that they will no longer deport illegal aliens under 30, who came to this country as children, "effectively negating part of federal law," writes law blogger Jonathan Turley:
It raises some troubling questions, again, about President (Obama's) assertion of executive power. While liberals again celebrate the unilateral action, they ignore that danger that the next president may also simply chose to ignore whole areas of the federal law and criminal code in areas ranging from the environment to employment discrimination. It is one more brick in the wall of the Imperial Presidency constructed under Barack Obama -- a wall that may prove difficult to dismantle for citizens in the future.Presidents are given extreme deference in decisions on the enforcement of federal laws. It would be difficult for anyone to challenge this policy for that reason. However, that does not mean that this is a good practice -- regardless of the merits of specific issue.
...This is different from past presidents who have not made deportation a priority in their policies. Despite the criticism of Obama, he is certainly no less aggressive on deportation than his predecessors. Indeed, he may be more aggressive in terms of numbers. Presidents like George W. Bush clearly did not push for deportation based solely on illegal status. The Administration, however, was forced to admit this long-suspected policy in court in fighting the Arizona law -- stating that it did conflict with federal policy because the Administration did not want mass deportations.
The change could also create a new conflict with states passing tough immigration laws. We are awaiting the ruling of the Supreme Court in the Arizona case where the Administration is expected to lose some ground.
This is different. Here the Administration is implementing a categorical policy not to enforce federal law, which dictates deportation for illegal immigrations regardless of their age. Congress has refused to pass such laws and this is an obvious effort to circumvent Congress -- something of a signature for this Administration. Liberals were outraged by Bush's use of signing statements as a circumvention of Congress. Yet, when Obama broke his promise and started using signing statements, liberals were again silent. Now, he has gone further and (rather than advancing a restrictive interpretation) he has announced that he will simply not enforce the law.







There are lots of laws that we, as a nation do not fully prosecute. And let's not kid ourselves, mostly it is simply a matter of degrees. Zero enforcement is just slightly less than $1B per year.
For example, the Feds do not "fully" enforce drug laws. They let California slide on grass. That is in conflict with federal law. It is really a matter of priorities. If you don't like Obama's priorities, fine. I don't always agree with him either.
This Imperial presidency thing is just a big strawman though. They all are.
Tony K at June 18, 2012 7:02 AM
Prove yourself worthy of your leaders and the central planning committee in Washington by fulfilling production quotas on schedule and better quality! Toiling selflessly on the president's shovel ready projects is the patriotic duty of every man, woman and transgendered person! Report all capitalistic activities to the White House!
Stinky the Clown at June 18, 2012 8:00 AM
So, if the next President chooses not to enforce the tax laws, would that be o.k.? For example, the tax on capital gains are expected to increase. The next President decides not to enforce that law which gives the investor class a tax break. Are you in favor ?
Precedent, once established, should be respected whether you are R or D. My opinion: all presidents should enforce the law no matter his personal opinion of that law. That is his oath of office.
The discretion to enforce or not enforce certain laws usually rests with prosecutors at the Justice Department or sometimes the A.G himself. But for the President himself to make that decision, and so publicly, is unusual. So why did he do it ? Do you think it might have something to do with the 2012 election ?
Nick at June 18, 2012 8:11 AM
Imminently sensible replies. I was expecting more hysteria, like the article suggests.
When Obama proposed the Dream Act, which died in Congress, Obama announced that he would implement it anyway. Morons who know nothing about the law screamed "IMPEACH!" claiming Obama was breaking the law.
No, folks. Obama, like any president, can do that. The decision to prosecute illegals rests with the A.G., consequently with the President. So, if the Dream Act fails in Congress, the President can decide, "Oh, well. I'll just make the A.G. prosecute only those illegals who fall outside the Dream Act.
Yes, he can do that.
Patrick at June 18, 2012 8:42 AM
This Imperial presidency thing is just a big strawman though.
This administration has bypassed Congress on two occasions: declaring war on Libya, and now essentially deeming that the DREAM Act was passed.
And you think this is a good idea?
I R A Darth Aggie at June 18, 2012 8:47 AM
Sorry, I meant to say eminently.
Sigh. I R A Darth, the war powers act says Obama can commit our troops for 90 days, without congress.
And since the decision to prosecute illegals rests with the A.G., Obama can enforce it any damn way he pleased. And less than two years of the Obama presidency has deported more illegals than eight years of Bush.
I'm tired of know-nothings who get on their soap box and scream buzz words like "unconstitutional" and "impeachment."
There is nothing wrong with what Obama did in either case. You may not like it, but they were born legal exercises of executive authority.
Patrick at June 18, 2012 8:58 AM
I recall a Supreme Court case, circa 1970, that may have bearing on this. Congress passed a law that mandated school busing for certain districts, and allocated funds for it. President Nixon refused to enforce the law, and impounded the money. The Surpreme Court ruled against the Administration, and issued an injunction compelling the executive branch to implement the law.
A further problem with what Obama has done is that his decree goes beyond just saying that he won't enforce the law for certain groups. They are implementing a program where certain illegals can apply for and get work permits. Where did Congress authorize those permits, or appropriate funding for administering them?
Cousin Dave at June 18, 2012 9:26 AM
There is a major problem when laws have so many lawbreakers that the vast majority cannot be prosecuted. Arbitrary arrests lead to a disaster of corruption and favortism.
It is much better to have a clear rule preventing abuse of the law regardless of whether the rule is the right decision or not.
Curtis at June 18, 2012 10:04 AM
I actually agree with the author on most of his piece. Executive power has been growing more, and more. Although it's blatantly wrong to state that it just started under Obama. The grown in executive power has been happening for years.
Mike Hunter at June 18, 2012 11:28 AM
Bush 43: cut taxes drastically and spend mightily.
Obama 44: spend much less mightily into the teeth of a Wall Street-induced recession.
Sad to write, criticizing Obama for advancing the imperial presidency is similar to criticizing Obama for increasing the national debt: Obama's critics have only woken from their deep, deep slumber.
Obama's critics ignored these policies under Bush 43. Those over age 30 have *zero* history of opposing the things they claim to despise about Obama. Which is why moderate voters think "ho, hum, politics and hypocrisy, as usual." It's embarrassing when libertarians, reflexively, fall for GOP spin points.
Andre Friedmann at June 18, 2012 1:32 PM
"there's the announcement that they will no longer deport illegal aliens over 30"
Actually, it's aliens _up_to_ age 30, if they were brought in before they had reached age 16.
See my post here: http://consul-at-arms2.blogspot.com/2012/06/implementing-laws-and-regulations-as.html
Consul-At-Arms at June 18, 2012 3:02 PM
Amy Alkon
https://www.advicegoddess.com/archives/2012/06/the-imperial-pr.html#comment-3236394">comment from Consul-At-ArmsThanks for catching that, Consul...have been burning the candle at both ends, and in the middle, and it causes me to make careless errors.
Amy Alkon
at June 18, 2012 3:47 PM
Nice try Andre but I hated Bush, did NOT vote for him, and hate Obama too. I am not a libertarian. I used to vote dem, lately vote repub now that I have kids and bills. I have a decent lib streak. I almost always vote for the least bad candidate.
momof4 at June 18, 2012 6:20 PM
Why do I worry that there will be a new cheaper option in the document mills that will provide 24 year old Jaun Habanero, who has been here a year, with documents from Jose Jalapeno who was here since he was five?
Jim P. at June 18, 2012 7:22 PM
Politics, that's all this is. It does no service for illegal aliens who are trying to immigrate here, it's worded to allow a far broader and undefined group than "children who were brought here through no fault of their own," it does not move reasonable amnesty efforts forward, in fact it moves them back. It's utterly unconstitutional and cynical. Fortunately, this latest lame political maneuver appears to be backfiring. The American people are starting to see who Obama really is: the worse of Nixon and Carter combined.
AMartel at June 20, 2012 3:01 PM
Leave a comment