Barack Obama, American caudillo

2014-11-26T07:15:00Z Barack Obama, American caudillo missoulian.com
November 26, 2014 7:15 am

To think that President Barack Obama has taken the oath of office four times (through accidents of circumstance, twice each time he was elected). Taking the oath must have become such old hat that he stopped paying attention.

The president is issuing an executive amnesty for illegal immigrants based on blatant contempt for the constitutional order that he is sworn to uphold. Where does Abraham Lincoln go to get his Bible back?

The past 400 years of Anglo-American political history can be read as a successful effort to establish and maintain a system tethering the executive to the law. What President Obama is doing will undermine that achievement, both through his own lawlessness and the precedent he will create for subsequent presidents to operate by extralegal fiat.

There are many opponents of the president's unilateral action, but few as eloquent as the president himself through the years. It doesn't take someone who used to teach constitutional law to know that Congress writes the law and the president executes it, even if he finds it personally distasteful.

In one of his many disavowals of having the power he is now wielding, the president said at a Univision town-hall meeting in 2011 that "Congress passes the law. The executive branch's job is to enforce and implement those laws. And then the judiciary has to interpret the laws."

Thank you for the civics lesson, Mr. President. His new theory is that the president huffily demands that laws pass, and if Congress refuses, he can create a new legal dispensation to his liking.

The president and his supporters pretend that the Immigration and Nationality Act contains a gigantic asterisk that says, notwithstanding the elaborate legal infrastructure set out in the law and the distinctions among different categories of immigrants, the president can do whatever he wants. No Congress would ever write the law this way.

The president's defenders rely on the notion of prosecutorial discretion, the existence of which is uncontroversial. The executive doesn't have the resources to hunt down and prosecute every violator of our laws, and therefore has to establish enforcement priorities.

The Congressional Research Service did a report on prosecutorial discretion and immigration that, for the most part, emphasizes its piddling reach. It says, for instance, that immigration officers may use discretion to decide whom to stop, question and arrest, or whether to issue or cancel a Notice to Appear.

No one heretofore has thought this leeway could be used to eviscerate an entire statutory scheme. Under the Obama precedent, future presidents can use the pretense of prosecutorial discretion to dispense with swaths of the federal code and come up with alternatives. Can't prosecute all pot dealers? Ignore the drug laws. Can't find every tax scofflaw in the country? Rewrite the tax code.

Other presidents have, in keeping with the law, provided temporary relief to foreign nationals whose native countries have been torn by civil strife or natural disasters. In 1990, George H.W. Bush gave safe harbor to Chinese students after Tiananmen Square. Bill Clinton did the same for Central Americans here after hurricanes hit the region in 1998. The numbers were typically in the hundreds or thousands.

The gotcha example of George H.W. Bush granting amnesty to some spouses and children of recently legalized immigrants in 1990 isn't apt either, since the scale was much smaller (only about 140,000 people took advantage of it), and Congress voted to codify it within months.

No matter how much the president's defenders stretch for a legal justification and a precedent, the conclusion is unavoidable that no one has done this before. President Obama is said to want to build his legacy, and he is -- as a man who is shamefully careless of his oaths and constitutional obligations.

Rich Lowry's syndicated column appears each Wednesday on the Missoulian's Opinion page. 

Copyright 2014 missoulian.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(27) Comments

  1. Roger
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    Roger - December 01, 2014 1:49 pm
    There is no Constitutional provision or statute that expressly provides for executive orders. The Constitution states that the president must "take care that the laws be faithfully executed" (Article 2, Section 3, Clause 5).

    It's Congress' job to make law.
  2. NoturAverageBear
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    NoturAverageBear - November 27, 2014 2:25 pm
    Jay Dubya, Before there was an HBO series called "Game of Thrones", there were a series of books by award winning novelist and screenwriter George R. R. Martin. I do not have a TV, but I have read the books, fun read, you should try it sometime!
    http://en.wikipedia.org/wiki/A_Song_of_Ice_and_Fire

    The concept of 'metaphor'; you don't get it, do ya?

    How to Understand the Concept of a Metaphor:
    http://www.wikihow.com/Understand-the-Concept-of-a-Metaphor
  3. claudius
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    claudius - November 27, 2014 2:20 pm
    @jus lost [below] - Like the examples of how wingnuts form their worldviews from Alex Jones' paranoid conspiracy theories, Rush Limbaugh's lies, and Glen Beck's general craziness.

  4. jus wundrin
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    jus wundrin - November 27, 2014 10:39 am
    Since hussien obama, progressives, and the RINO's have been talking amnesty, more people are coming here illegally.....and they will keep coming here. Since then there has also been an alarming uptick in human trafficking. One of the Billings news channels had an excellent report on this.

    So, if you support what hussien obama, the progessives, and RINO's are doing with this "amnesty", then you support human trafficking.
  5. jus wundrin
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    jus wundrin - November 27, 2014 10:32 am
    Game of thrones. A TV show if Im not mistaken. More examples of how progressives form their worldviews from fictional media and literature.
  6. jus wundrin
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    jus wundrin - November 27, 2014 10:28 am
    So if a future president wanted massive tax cuts, and the congress wasnt budging, it would be within the bounds of the law for him to write an executive order making it so? How about an executive order eliminating all federal gun laws?

  7. NoturAverageBear
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    NoturAverageBear - November 27, 2014 12:43 am
    I'm talking about "Team America", and BJ is talking bitter adversarial partisanship at any cost! Not a good soldier, are we?
  8. NoturAverageBear
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    NoturAverageBear - November 27, 2014 12:38 am
    BJ,

    Wikipedia:
    Confirmation bias, also called myside bias, is the tendency to search for, interpret, or prioritize information in a way that confirms one's beliefs or hypotheses.[Note 1][1] It is a type of cognitive bias and a systematic error of inductive reasoning. People display this bias when they gather or remember information selectively, or when they interpret it in a biased way. The effect is stronger for emotionally charged issues and for deeply entrenched beliefs.
    http://en.wikipedia.org/wiki/Confirmation_bias

    BJ, there are days that you are every bit as much of a "Fact Denier" as any other Fox News extremist on these pages....some days you show a little more level headedness, ....meds out of balance?




    If you want to dispute the facts, give us something more than your opinion, BJ.
    Wikipedia is quoting what United Nations Secretary-General Kofi Annan said in an interview with the BBC in September 2004.
    Can you prove he did not say this?

  9. BJackson
    Report Abuse
    BJackson - November 26, 2014 10:53 pm
    I am really glad, that gadfly is the minority in the state of Montana.
  10. BJackson
    Report Abuse
    BJackson - November 26, 2014 10:51 pm
    NAB, go team D..
  11. BJackson
    Report Abuse
    BJackson - November 26, 2014 10:49 pm
    Yup, good ole Wikipedia, one of the most reliable sources in the world.................................NOT
  12. NoturAverageBear
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    NoturAverageBear - November 26, 2014 7:09 pm
    It takes cooperation and working together for the success of any endeavor, including working for the greater good of all Americans
    .
    As a solder you are surely aware of the importance of teamwork to the success of your collective mission, right? Working together and teamwork is the "American Way", ain't it!

    That mission would fail if half your teammates were working against you, and trying to sabotage you, and doing everything they can to make you fail, right?

    Think about about that! If you are going to make a president fail, you have to make the country fail -- sabotage the country for their own selfish political gains at the expense of everyone else!

    Sabotage: The Story Behind The Republican Party's "Top Political Priority"...
    http://www.youtube.com/watch?v=y8a_msdw9VQ

    The last six plus years of the republican stonewall of obstruction and sabotage should be considered treasonous!

    But WTF, all is fair in the “Game of Thrones”, ain't it! Nothing in this life is more important than which party is in control of the government. Peoples lives, futures, livelihoods, health, and dreams are all just collateral damage and acceptable losses in the "Game of Thrones" for the control of 'our' government.
  13. Gadfly
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    Gadfly - November 26, 2014 6:57 pm
    Obama is executing the law and is within bounds of the law with an executive order on the subject. Lowry is speaking from the fr right, and Fox News, echo chamber. The law is always executed by the agencies concerned and the executive branch and there is some flexibility in that regard. The republicans just have a mental health problem in that they are so hateful toward Obama that they have developed a syndrome which usually applies to children, which they sort of like, temper tampering oppositional defiant disorder. There are some medications that may help. Also, they seem to have a lot of paranoia going after one grandiose paranoid conspiracy after another. There are medications for that too. I don't know what can be done about their immaturity.Some people just never grow up.
  14. NoturAverageBear
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    NoturAverageBear - November 26, 2014 6:27 pm
    From Wikipedia:
    Lack of a U.N. mandate....
    "United Nations Secretary-General Kofi Annan said in an interview with the BBC in September 2004, "From our point of view and from the Charter point of view [the war] was illegal".
    http://en.wikipedia.org/wiki/2003_invasion_of_Iraq

    Most of the world did not support the war based on LIES!

    Twenty Lies About the Iraq War
    http://www.globalresearch.ca/twenty-lies-about-the-iraq-war/5327386

    Lie by Lie: The Mother Jones Iraq War Timeline (8/1/90 - 2/14/08)
    http://www.motherjones.com/bush_war_timeline
  15. BJackson
    Report Abuse
    BJackson - November 26, 2014 6:01 pm
    You poor baby, I really feel sorry for you.. LOL
  16. BJackson
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    BJackson - November 26, 2014 5:58 pm
    Read, I am not a lawyer, but you are a fool that can't read, again you are wrong, your side lost, you are on the bottom rung right. Get over it.
  17. gato
    Report Abuse
    gato - November 26, 2014 4:48 pm
    Actually this guy is 46 [born in 1968]. Google his name, you will find several photos of him that show his age.
  18. mdstevens
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    mdstevens - November 26, 2014 4:13 pm
    No thanks to the republicans, the koch bros, the scotus lakeys, fox news, rusty limbaugh, and any fool who listens the the daily propaganda put out but the above list, oh, and the joke's on the minions who believe that someday they will join this elite club
    ,that someday they too will be rich. suckers sitting in your single wide, with fox blaring . snarky, sanctimonious, fools.
  19. mdstevens
    Report Abuse
    mdstevens - November 26, 2014 3:51 pm
    Why why why does this amateur from the 9th grade get presented to us the public and then held up as a adult commentator. To be that young and to be that much a professional prune.
    Why is he even at the big peoples table (sorry for the turkey day analogy) but heavens to be that young without even a tacit original thought. Oh and the Missourian won't print this, don't want the little tyke crying.
  20. Readneck
    Report Abuse
    Readneck - November 26, 2014 1:33 pm
    Wrong, Mr. lawyer. This was a war based on lies, not supported by the UN and not declared by Congress.
  21. claudius
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    claudius - November 26, 2014 1:33 pm
    Mr Lowry blusters, "It doesn't take someone who used to teach constitutional law to know that Congress writes the law and the president executes it, even if he finds it personally distasteful."

    George W. Bush issued 161 signing statements affecting over 1,100 provisions of law in 160 Congressional enactments.

    Those statements were direct declarations of his intention to ignore or actively violate those laws.

    I must have missed Mr Lowrey's outraged reaction to such illegal acts. I'm sure he called -loudly- for immediate impeachment.
  22. BJackson
    Report Abuse
    BJackson - November 26, 2014 12:13 pm
    I see you have bought the Hope and Change thing, hook line and sinker, hows that working out for you? Because it is not working out for a lot of the United States!
  23. BJackson
    Report Abuse
    BJackson - November 26, 2014 12:11 pm
    There was nothing unconstitutional about our movements into Iraq, the President had the authority of Congress as Well as the United Nations behind him, also much of the 91 war was brought into the action on Iraq, Read, you really need to read and learn, you spout off with no knowledge.
  24. Skinwalker
    Report Abuse
    Skinwalker - November 26, 2014 12:07 pm
    The best thing to do about Richie is to ignore him. I am sure that the number of comments to his articles counts somewhere. Remember: "Arguing with an idiot just makes you an idiot."
  25. D
    Report Abuse
    D - November 26, 2014 11:33 am
    Yep, more than agree!
  26. BWO
    Report Abuse
    BWO - November 26, 2014 8:00 am
    Where did the Missoulian find this guy? Really, I have been waiting for Obama to do something. Anything. Thankfully he realizes that the Republicans are never going to work with him or for the American people. They are too busy working for Wall Street (as are many Dems I might add...I am looking at you Schumer!). Someone has to lead and it's gonna be him I hope. I support many more bold actions to get this country going. I voted for him, I respect him, I want him to take charge and instead of dismantling everything (the Repub means of governing) I want him to make change, move ahead, and continue the great work: the steady creation of jobs (unlike Bush), the reduction of the deficit (unlike Bush), the provision of affordable healthcare, the low gas prices, reasonable mortgage rates, and hopefully the end to American imperialism. In the meantime, can we get some smart columnists in this paper?
  27. Readneck
    Report Abuse
    Readneck - November 26, 2014 7:48 am
    Hey Rich. We elected a black President. Get over it. He's a heck of a lot better than the last one, who lied us into war unconstitutionally. Where were you then?
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