Wednesday, September 10, 2014

Politics: Dr. Tim Hulsey on Separation of Powers

“The President of the United States shall, upon the determination that Congress is unable to enact legislation that fulfills the need he perceives in a segment of the citizenry, act unilaterally, without regard to the coequal branches of the Judiciary and Congress, to effect a remedy, other articles relating to the function of checks and balances in this document notwithstanding” is said NOWHERE in the Constitution of the United States of America.

Obama says that the American People expect him to act unilaterally to solve the immigration problem if Congress can’t reform the existing law by legislation. This is only one of many extra-constitutional actions this president has taken. Many have been reversed in the courts, most recently regarding recess appointments not made during a recess. Even Kagan Sotomayor and Ginsburg participated in the unanimous decision.

Notwithstanding his great appreciation of his own ideology, the American people expect him to follow the oath he took during his inauguration: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Though he produced no written legal scholarship, Constitutional Law had to be part of the curriculum. The list of courses in the Harvard Catalog of 1988-89 includes multiple course related to the Constitution. He had the opportunity.

Interestingly, their curriculum now includes “An Introduction to Presidential Decisionmaking- questions such as when to act unilaterally, how to advance major pieces of legislation in an era of divided government, and how to responsibly balance presidential priorities with norms to protect the institution of the presidency.”

What should we expect from a community activist other than activism violating the boundaries of legality?

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