As the affronts and outrages pile up, it’s hard to remember which affront is the most outrageous.
JONATHAN TURLEY, GEORGETOWN UNIVERSITY LAW PROFESSOR: There is an issue whether the judge reached a bit too far from the case at hand. This really wasn’t a direct challenge to the immigration action taken by the president but it is scathing and the judge is touching on many complaints that have been raised in other lawsuits that do directly challenge these actions.
What’s a serious question here is the president’s decision to go it alone, not just in this area but other areas. We don’t have a license to go it alone in the United States. The scope of this type of action is legislative. It’s huge. It affects millions. But more importantly, it requires both the federal and state government to spend a great deal of money to support something that didn’t go through the legislative branch. And what people miss, and I think what this judge is trying to establish, is that that process of legislation is the very touch stone of our system, it’s what brings stability to our system. We have to agree, we have to compromise with legislation. When a president does it unilaterally, it takes that whole system off line. And that could be a dangerous thing.
I highlighted the main point. The Constitution assigns powers, not the president. Obama does not have the power to execute what he has so far merely spoken (but which is being executed nevertheless). How does that happen?
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Congress may try legislative fixes and fiscal blockades, but the very act(s) itself is invalid. It does not carry the weight of law because it is not law. He has appropriated what does not belong to him, only unlike looters taking flat screen TVs or 12-packs of Miller, he has made off with powers assigned to the legislative branch of the government. And no one is lifting a finger to stop him.
TURLEY: The key to a Madisonian system is that nobody has enough power to go it alone, that was the genius of James Madison. But we’re seeing the rise of a new model of presidency and I believe that supporters of President Obama will rue the day when they stay silent in the face of this kind of concentration of power. This is the very danger that the constitution was designed to prevent, the concentration of power in one person’s hands or one branch…
Correction, Professor Turley. Supporters of President Obama will never “rue the day when they stay[ed] silent in the face of this kind of concentration of power”. If some day the tables are turned (as with the filibuster in the Senate), they will rue nothing. They will shout, declaim, cry, and caterwaul for “fairness” and “justice” until they get their way.
They believe in winning—even more, they believe in the other fellow losing. I thought the Constitution protected us against people like that, but I guess that’s where I was wrong.