The Constitutionally defined role of the Executive Branch of our government is to execute the laws of the land. The Executive is not to make laws. Nor is the Executive to determine if laws are just, or unjust, constitutional or unconstitutional.
The role of the Legislative Branch of our government is to make laws. The role of the Judiciary is to determine the justice or constitutionality of the laws.
In June 2012, when President Barak Obama implemented DACA as an executive order, he was making law. He was impatient with the Congress and their inability to provide any meaningful action on this important issue.
The issue of people who were brought here illegally as children and have known no other country since their early childhood is one which tugs at both the heartstrings and purse strings of our country. Statistics reported in connection with this group of about 800,000 people show that they are great contributors, not drains on our country.
Is it any wonder that the overwhelming sentiment regarding these people is that we need to find a way to make them legal residents within our country, preferably with a path toward citizenship?
While I sympathize with President Obama's frustration, when he implemented DACA, he was violating the constitutional separation of powers. It is for actions like this that he was accused of being Emperor Obama. In a monarchy, all three branches of government converge in the person of the monarch. When a US President starts making laws, that president is taking upon his office the powers of the other branches of government. That violates the US Constitution and is a serious threat to the freedoms we all enjoy.
Rather that ascribing foul motives to the President's actions, which may or may not be true, let's address the facts of the matter. When President Trump issued an executive order to countermand DACA, he was undoing the unconstitutional act of his predecessor. In doing this, he strengthened constitutional government in our land and he put the onus for dealing with this issue squarely onto the Congress, where it belongs.
He effectively gave Congress a six month deadline to take action. If they fail to pass a law to address this issue in the interim, that is their failure, not his. The fact is, all they really need to do is to adopt the DACA as President Obama put it forward and make it the law of the land. They will have made a law that many people like, and the Executive will be happy to enforce.
Tom Sheppard is a business consultant and coach to small business owners and individuals. He is a recognized author with dozens of titles in business and fiction to his credit. One of his endeavors is to help those who want to see their own book in print. He does this through his trademarked Book Whispering Process (TM). The author is not an official spokesperson for any organization or person mentioned herein.
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