Monday, November 3, 2014

Amnesty, Obama, and the Constitution

by Dr. Gerard Emershaw

Mitt Romney has recently stated his suspicion that President Obama will soon take executive action and order amnesty for illegal immigrants. Governor Romney is not the only one with this suspicion. Republican Senators John McCain, Marco Rubio, and Lindsey Graham have recently warned President Obama not to take executive action by granting amnesty, citing border safety and terrorist concerns.
The Constitution grants authority to Congress when it comes to naturalization and immigration. Article I, Section 8 grants Congress the power “[t]o establish a uniform rule of naturalization.” There is nothing in Article II of the Constitution which grants the President any power when it comes to creating immigration policy. It is merely the duty of the executive to enforce laws that are constitutionally enacted by Congress. The President “shall take care that the laws be faithfully executed.”
The most recent immigration act which included any kind of amnesty for illegal aliens was the Immigration Reform and Control Act of 1986. This law was passed by the Senate on September 19, 1985, passed by the House of Representatives on October 9, 1986, and signed into law by President Ronald Reagan on November 6, 1986. This law legalized illegal immigrants who entered the United States before January 1, 1982, could prove they were not guilty of any crimes, and were willing to pay a fine and any back taxes.
The text of the Constitution and this legislative precedent demonstrate beyond any doubt that it would be blatantly unconstitutional for President Obama to use an Executive Order or any other executive action to unilaterally grant amnesty to illegal aliens.
(For a much more detailed discussion of Constitution and the enumerated powers of the federal government on issues such as immigration, read my new book The Real Culture War: Individualism vs. Collectivism & How Bill O’Reilly Got It All Wrong. Available now on Amazon in both print and Kindle.)

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