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Post by Deleted on Jul 13, 2020 14:58:42 GMT
People have tried to obfuscate the true debate over DACA since day one.
The debate has very little to do with the actual recipients of DACA. It has everything to do with whether or not the executive branch can summarily write their own legislation and enforce it. And beyond that ... it's a continuation of the 1990s debate over the line item veto. A debate which was settled when the SC ruled the line item veto unconstitutional. Unconstitutional because it "impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress."
I personally do not believe the Constitution gives the president the authority to rewrite immigration law. And that's what Obama did with DACA. He got tired of waiting for Congress to fix the problem to his satisfaction, so he fixed it himself.
DACA should have been ruled unconstitutional.
But guess what? The Supreme Court has now given the executive branch the power to rewrite immigration law. The executive branch now has the support of the judicial branch to do exactly that.
And I bet Trump takes advantage of that fact. (Because he already is ... I mistyped that because I've had this post in mind for a long time.)
And I bet people are going to think the DACA ruling was a bad idea when he does.
Queshank
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Post by MojoJojo on Jul 13, 2020 15:12:57 GMT
People have tried to obfuscate the true debate over DACA since day one. The debate has very little to do with the actual recipients of DACA. It has everything to do with whether or not the executive branch can summarily write their own legislation and enforce it. And beyond that ... it's a continuation of the 1990s debate over the line item veto. A debate which was settled when the SC ruled the line item veto unconstitutional. Unconstitutional because it "impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress."
I personally do not believe the Constitution gives the president the authority to rewrite immigration law. And that's what Obama did with DACA. He got tired of waiting for Congress to fix the problem to his satisfaction, so he fixed it himself.
DACA should have been ruled unconstitutional.
But guess what? The Supreme Court has now given the executive branch the power to rewrite immigration law. The executive branch now has the support of the judicial branch to do exactly that. And I bet Trump takes advantage of that fact. (Because he already is ... I mistyped that because I've had this post in mind for a long time.)
And I bet people are going to think the DACA ruling was a bad idea when he does. Queshank
Good post. In short, it's another sign of the ever-expanding Executive. Congress really needs to do their job and stop outsourcing to the Executive, even when there's political gain in doing so. |
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