Elder Patriot – President Trump’s measured ending of DACA earlier today brilliantly checkmated his RINO opponents by passing the responsibility for its continuation directly to them where the Constitution demands it to be.
As respected George Washington University Law School Professor Jonathan Turley’s previously testified before the House Judiciary Committee about DACA:
“In ordering this blanket exception, President Obama was nullifying part of a law that he simply disagreed with … If a president can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense … The circumvention of the legislative process not only undermines the authority of this branch but destabilizes the tripartite system as a whole.”
By making the decision to phase DACA out over the next two years, the president is giving Congress the time necessary to handle the controversial program legislatively as demanded by the separation of powers written into our Constitution.
Former Speaker of the House Newt Gingrich told Fox and Friends:
“This is one of the best examples of real leadership that we’ve seen from President Trump. He campaigned last year on the fact that President Obama’s executive order was unconstitutional. His vice president, as governor of Indiana, authorized his attorney general to file a lawsuit saying it was unconstitutional. Every one of the president’s major legal advisors says it was unconstitutional.
“But he also knew that to arbitrarily stop it would put 800,000 people at risk, who came here as children, who really, in many cases, have no other country in their experience than the United States. And so I think he has come up with a very powerful model. Congress, which did not want him to roll back arbitrarily, Congress now has to do its job. This should be doable. It shouldn’t be that hard.”
It shouldn’t be but it will be. Tom Tancredo, a veteran of many congressional immigration battles, tells us why:
Congress has had over five years to render DACA constitutional through legislation and has not done so. A group of eight state attorneys general and one governor have promised to file a lawsuit to end the program if Trump does not act by September 5.
Not too surprisingly, Trump’s action is being criticized by the same Republican congressional leaders who failed to stand up to Obama’s unconstitutional usurptation of power in launching DACA by purely administrative means. They were content — even happy — to let Obama undertake the quasi-amnesty instead of passing a law to do it legally.
So, why are so many Republicans acting surprised and declaring opposition over the president’s decision to end an unconstitutional program? Congress could recreate the DACA program by statute tomorrow if that’s what the American people want. So, why not welcome the challenge and just do it?
The reason is the same reason we still have Obamacare – there is no consensus among Republicans.
“Thus, Republicans in Congress now have a new problem: Trump, by challenging Congress to deal with the “childhood arrivals” question lawfully and legislatively, has deftly called their bluff. In effect, Trump has said, “Put up or shut up.” Odds are high they will do neither.
“Of course, it’s also possible that the Republicans will collapse like the piggy’s straw house and legalize all the illegal aliens — the “childhood arrivals” through yesterday, plus their parents, their cousins, aunts and uncles, and grandparents. They will do so knowing that they are whistling past the political graveyard — and this time, it is their graveyard.”
On election night President Trump apologized for the delay calling it a “complicated business.” He might as well have said that about cleansing the Republican Party of its swamp monsters.