How many times (ad nauseum?) have you heard the expression, “the immigration system is broken?” In truth, the word “broken” has no legal standing. It is not the case that America has no immigration laws. It does. Those laws were legislated by Congress. They were passed by Democrats and Republicans, liberals and conservatives. Like many laws, they have evolved over time. To say those laws are broken simply means that some people do not like the results of those laws. So it is said that we need immigration “reform.” When surveyed, a high percentage of the public is in favor of “reform.” But “reform” means different things to different people. For some, “reform” implies a permanent residency and a pathway to U.S. citizenship for undocumented immigrants. For others, “reform” implies high fences and tight border controls. (Obviously, there are positions between these extremes.) Regardless of how you feel, we are supposed to be “a nation of laws, not men.” For those that are not satisfied with the current “broken” situation, there is a Constitutional process to address that situation. “But Congress is in gridlock.” “Congress is dragging its feet.” That tells you something! The President is the Chief Executive; as such, his job is to see that current laws are enforced. Members of Congress are elected to express and represent the will of the people. The brilliant framers of the Constitution purposely made it hard to pass laws. If there is a lack of consensus, and no agreement on immigration reform, then in a real sense, that IS the will of the people. As we have just witnessed, the people have ample opportunity to elect candidates that will represent their interests. As a reminder, Article I, Section 1 says, “All legislative Powers herein granted shall be vested in a Congress of the United States…” It is important to note that the meat of the Constitutions begins with laying out the powers, and limitations, of Congress. Article II addresses the Executive Branch. In outlining the President’s responsibilities, Section 3 says, “…he shall take Care that the Laws be faithfully executed…” The President does not make laws. He is to make sure that the laws are “faithfully executed.” Presumably, that means he cannot ignore and not enforce laws he does not like. One would hope that we can avoid devolving into “a nation of men, not laws,” that all parties respect their Constitutional boundaries.
Posted on: Tue, 02 Dec 2014 01:58:21 +0000