Friday, June 21, 2024

Joe Biden's Executive Amnesty Is Illegal, Unjust and Self-Defeating

 During the Constitution ratification debates between the Federalists and the Anti-Federalists, one of the most strident areas of disagreement was the extent to which the proposed position of president of the United States was actually an ersatz king.

In Federalist No. 69, Alexander Hamilton - who would in subsequent years take a much stronger view of Article II presidential power than his contemporary and Federalist Papers coauthor James Madison - dedicated an entire essay to arguing that the president is not nearly as powerful as the British king.

In making his case, Hamilton noted that the president "Can confer no privileges whatever," whereas the king "Can make denizens of aliens" and "Noblemen of commoners." This must be emphasized: During the fledgling nation's constitutional ratification debates, which assumed existential importance after the failure of the Articles of Confederation, Federalists felt compelled to distinguish the presidency from the Crown on the grounds that the king "Can make denizens of aliens" but the president has no such power.

Former President Donald Trump repealed DAPA in 2017; DACA has consistently been stymied by the federal courts, including the 5th Circuit Court of Appeals in 2022.

Only Congress, not the president, can "Establish a uniform rule of naturalization." Prosecutorial discretion, which Biden laughably invokes, is only legitimate when applied on an individualized, case-by-case basis.

Prosecutorial discretion does not apply to a blanket refusal to enforce large swaths of immigration law - an act which itself violates the president's Article II, Section 3 prerogative to "Take care that the laws be faithfully executed." The president has plenary statutory authority under 8 U.S.C. 1201 to deport any alien at any time for any reason, but he does not have any reciprocal power to naturalize aliens outside of Congress.

Unlike Britain's king, America's president must face the voters when he seeks reelection.

https://www.realclearpolitics.com/articles/2024/06/21/joe_bidens_executive_amnesty_is_illegal_unjust_and_self-defeating_151144.html

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