When we scan through the Constitution, one of the first things we should notice is the “separation of powers.” Our founding fathers were wise enough to know that one person or group of persons having too much power was wrong. They wanted to establish a system of government that would protect the states and the people from the centralization of power and the eventual tyranny this would bring.
This concern is one of the reasons that executive orders by this or any president should give us pause. We should be concerned when the Executive Branch is seeking to do the job of the Legislative Branch. No matter the reason for such actions, we should try to undo legally or strike down such orders.
Thus far, the Executive Order on illegal immigrants has been stopped by two courts already. Now, we find out that the Supreme Court will hear arguments and make a final decision.
The Supreme Court will have the final say on the legality of President Obama’s executive amnesty.
The court agreed to hear the case Tuesday. The Obama administration is appealing the 5th Circuit Court of Appeals’ November decision to keep in place a district court’s ruling blocking the amnesty programs from moving forward.
At question is the legality of this executive order. Is it within the Executive Powers to speak such laws into existence? Can we go to the founding documents for the answer? Yes.
Article I. Section 1 of the Constitution reads
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The very first thing the Framers of the Constitution tell us about the government they were forming was the source of the law. It was to come only from the Congress of the House and Senate. And this has been the argument of Texas and the other states from the beginning.
The Wall Street Journal reports
Texas urged the justices not to hear an appeal on the injunction while additional proceedings on the program were pending in the lower courts.
“That the executive possesses enforcement discretion and faces resource constraints does not mean the executive has inherent power to grant lawful presence and eligibility for work permits to over four million unauthorized aliens,” Texas said in its brief, referring to the president.
There is no doubt that there is a serious and troubling situation facing our nation concerning the immigration of people to our country. We are faced with what some describe as an invasion. Coupled with our need of cheap and willing labor, this makes the answer easy for some.
Yet, there are things that we must take into consideration.
If the Executive Branch is now given the power to speak into law all that it feels it needs or is expedient, then we are faced with a more serious problem than, labor and anchor babies. We are faced with a rise of tyranny our country has never before faced.