by Sean A. Langley, Guest Contributor
The issue of illegal immigrants, especially the vast majority of them from Mexico, has been an issue for years. Both Presidents have committed pretty questionable acts during their terms, so neither are guiltless. Observe.
Nearly 8 million immigrants came to the United States from 2000 to 2005, more than in any other five-year period in the nation’s history. Almost half entered illegally. In 2006, Bush urged Congress to allow more than 12 million illegal immigrants to work in the United States with the creation of a “temporary guest-worker program.” Bush also urged Congress to provide additional funds for border security and committed to deploying 6,000 National Guard troops to the U.S.-Mexico Border. Bush contended that the proposed bill did not amount to amnesty.
A heated public debate followed, which resulted in a substantial rift within the Republican Party, most conservatives opposed it because of its legalization or amnesty provisions
The bill was eventually defeated in the Senate on June 28, 2007, when a cloture motion failed on a 46–53 vote.
President Obama signed into law a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to stay in the U.S. without fear of deportation. It also granted educational assistance and rights to illegal immigrants reserved for legal citizens, as well as social security services and additional funds to employers willing to hire them. He signed it into law in December of 2014, without Congressional approval. This was largely seen as an attempt to gain more Democratic Party power in Congress as this was done quickly after Democrats lost by a large margin in the midterm elections to Republicans.
While neither Presidents attempt at legalizing illegal immigrants for hiring and safety from deportation were popular with the U.S. Senate or the U.S. public, President Bush slightly wins this one in that he sought Congress’ approval in accordance with the U.S. Constitution and U.S. law.
President Obama purposely violated the U.S. Constitution and his sworn oath. His sworn oath being, as mentioned above, “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” Furthermore, it states in the U.S. Constitution, Article I, Section 1, “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.”
A legislature is defined as “the law-making body of a political unit, usually a national government, that has power to enact, amend, and repeal public policy.” What that means, is that CONGRESS makes laws, not the President. They sign bills, pass them through both the House and the Senate, and, only if voted in favor of by both, are sent to the President to sign, who can sign them or veto them.
President Obama cannot enact, amend or repeal any form of law himself. It has to pass through both houses, no exceptions. The President can issue executive orders, but an executive order is not the right to make law, but support. A Presidential executive order is legally defined as “an order to help officers and agencies of the executive branch manage the operations within the federal government itself.”
Aiding the management of an operation is not changing the laws by which they are bound, but granting support and additional assets to assist the operations within the law. There is no constitutional provision nor statute that explicitly permits executive orders. The term “executive power” in Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration “take Care that the Laws be faithfully executed” made in Article II, Section 3, Clause 5, else he faces impeachment.
Therefore, any attempt to use Presidential powers to break the law are illegal acts that violate Constitutional Law, granting the right to impeach the President.
The Immigration and Nationality Act of 1952 (Still in effect today and has yet to be repealed by any act of Congress) requires “an alien to apply for a petition for naturalization. This form may be obtained from any office of the Immigration and Naturalization Service, a division of the Department of Justice, or from any court authorized to naturalize aliens.
Before applying, an alien must be at least 18 years old and must have been lawfully admitted to live permanently in the United States.”
The penalty for illegal entry into the U.S., has been and always will be, deportation (and sometimes ban for re-entry by a determined amount of time, usually in years).
President Obama’s attempt to grant them protection from deportation is a violation of federal lawconcerning immigration. A law that was signed into authority by Congress.
Due to the illegal nature of it, it has been denied and refused by courts and judges, as well as over 25 states sueing over it and federal judges ruling it “illegal and unconstitutional”, denying it to be used in courts of law. Without Senate approval and support, President Obama has been unable to enforce it and that explains why it has not taken effect. For that reason, it states at the http://www.uscis.gov/immigrationaction that “These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time.”
Therefore, President Bush wins in immigration via staying within the realms of the law and Constitution.
Part 4: The Economy