In the debate between Federalists (who supported ratification) and Anti-Federalists (who opposed it) over the ratification of the Constitution, one of the most sharp points of disagreement was the extent to which the position of the President of the United States is actually a surrogate king.
reading Anti-Federalists They thought the new president would be a shallow monarch. FederalistThey joined forces to assuage the concerns of Anti-Federalists, including those who would ultimately hold radically different views about presidential power.
Multiple Essays The Federalist Papersan effort of the same name in which Federalists publicly promoted ratification of the Constitution Constitutionwas devoted to explaining the nature of the presidency.
in Federalist No. 69Alexander Hamilton then Article 2 Powers of the President than his contemporary co-authors of the Federalist Papers. James MadisonHamilton devoted an entire essay to arguing that the president had less power than the British king, noting that the president “cannot grant any privileges,” but the king “can make strangers inhabitants” and “commoners nobles.”
This must be emphasized: the debate over ratifying the new state’s constitution took on a new meaning after the failure of constitutional amendment. Articles of ConfederationFederalists believe that the King “You can create aliens as residentsThe President does not have that power — in fact, the Framers of the Constitution took it so seriously that they explicitly gave that power to Congress. Article 1, paragraph 8 The Constitution includes the power to “prescribe uniform rules relating to naturalization.” The message is clear: the president is not a king.
Well, that’s it. This week, President Joe Biden became the second Democratic president to unilaterally perform a “king-man” act without congressional approval.[ing] Alien inhabitants.”
Former President Barack Obama signed it in June 2012. Deferred Action for Young Migration Despite Congress’s explicit refusal, Dream Act The amnesty law that was the basis for DACA. Two years later, President Obama Deferred Action for American ParentsAnother executive pardon that lacked congressional authorization. Former President Donald Trump DAPA was abolished in 2017DACA has been consistently blocked by federal courts, including the 5th Circuit Court of Appeals. 2022.
On Tuesday, Biden joined his former boss in a unilateral issue a mass amnesty The new law targets an estimated 500,000 illegal immigrants who have married U.S. citizens and have lived in the U.S. for more than 10 years. In a major departure from current law, Biden’s pardon The bill would allow illegal immigrants to remain in the U.S. while they apply for green cards, as opposed to provisions in the law that would force them to return to their home countries while they apply for permanent residency (and ultimately citizenship).
Biden’s pardons are blatantly, blatantly, and repulsively unconstitutional. Only Congress, not the President, can “establish uniform rules of naturalization.” The prosecutorial discretion that Biden (and his predecessor Obama) ludicrously asserts is legitimate only when applied on an individual, case-by-case basis. Prosecutorial discretion does not apply to blanket refusals to enforce broad immigration laws, an act that is itself a presidential violation of the Constitution. Article 2, paragraph 3 The privilege of “seeing that the laws are faithfully executed.”
The President has full powers under the following laws: 8 U.S.C. 1201 It has the power to deport any alien (legal or illegal) at any time for any reason, but has no reciprocal power to naturalize aliens outside of Parliament.
Biden’s pardons are not only lawless, they are also deeply unjust. They encourage illegal behavior by prioritizing lawbreakers over law-abiding ones. They weaken national sovereignty and undermine the most important decision a self-governing people can make: who else will be allowed to participate in their community. They attract illegal mass migration, encouraging millions to join unscrupulous criminal gangs, human trafficking rings and smugglers, who will cross the border in the shadows, hoping to apply for “asylum” and receive amnesty. Criminal gangs become wealthy and emboldened. In contrast, Americans are paying the price in rising crime, depleted public funds, job losses and cultural fragmentation.
Not surprisingly, recent polls reveal that Americans have had enough. CBS/YouGov Poll A poll taken earlier this month found that 62% of Americans (53% of Hispanics) support deporting all illegal immigrants. President Biden’s amnesty would not only be illegal and immoral, it would also backfire.
Biden, like former President Barack Obama, may think of himself as a king, but unlike a British monarch, the American president must face voters when seeking reelection. And therein lies the problem.
To learn more about Josh Hammer and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website. Copyright.
The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official position of the Daily Caller News Foundation.
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