On November 16, The Wall Street Journal posted an editorial entitled, “The Missing Immigration Memo.” The editorial asked if President Obama has sought or received written legal justification from the Attorney General or the Justice Department‘s Office of Legal Counsel (OLC) for his coming Executive Order on amnesty.
The editorial points out that on previous actions such as drone strikes or targeting U.S. citizens abroad, the President asked the OLC for advice on the boundaries of Presidential authority.
The editorial states:
It’s possible Messrs. Obama and Holder haven’t sought an immigration opinion because they suspect there’s little chance that even a pliant Office of Legal Counsel could find a legal justification. Prosecutorial discretion is a vital legal concept, but it is supposed to be exercised in individual cases, not to justify a refusal to follow the law against entire classes of people.
White House leakers are also whispering as a legal excuse that Congress has provided money to deport only 400,000 illegal migrants a year. But a President cannot use lack of funds to justify a wholesale refusal to enforce a statute. There is never enough money to enforce every federal law at any given time, and lack of funds could by used in the future by any President to refuse to enforce any statute. Imagine a Republican President who decided not to enforce the Clean Air Act.
The President and the Democrat party need to realize that the President’s actions have resulted in the decline of the Democrat party. Do they really want a Republican President who operates under the precedent of this sort of power grab?