This column presents facts regarding the United States Constitution, the Declaration of Independence, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin. Readers are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.
According to FoxNews.com/AP; August 13, 2013
Florida Republican Sen. Marco Rubio warned Tuesday that if Congress doesn't pass immigration overhaul legislation, President Obama may act on his own to legalize the 11 million immigrants already in the U.S. illegally.
"I believe that this president will be tempted, if nothing happens in Congress, he will be tempted to issue an executive order like he did for the DREAM Act kids a year ago where he basically legalizes 11 million people by the sign of a pen," Rubio said on "The Morning Show with Preston Scott" on Tallahassee radio station WFLA.
With his newly announced overhaul of National Security Agency surveillance activities, President Obama has once again hit a nerve with members of Congress on both sides of the aisle.
But Republican lawmakers, who long have warned about the White House circumventing Congress, said this is only the tip of the iceberg -- citing the Affordable Care Act as the battleground for executive actions.
"In high school government class, we were told that it is the Executive Branch that enforces the law, but it is Congress, the legislative branch, that enacts the law," Kansas Republican Sen. Jerry Moran told Fox News.
"I've got a pen and I've got a phone -- and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward," Obama said. He suggested he could use his phone to try and bring people together.
"Well let me tell you, he may have a pen and telephone, but we have the Constitution," Rice countered.
President Barack Obama will work with Congress where he can and circumvent lawmakers where he must, his top advisers warned Sunday in previewing Tuesday's State of the Union speech.
Sen. Jeff Sessions (R-Ala.) said today that Americans need to stand up to "a deliberate plan by the president of the United States" to collapse the nation's law enforcement system regarding illegal immigration.
In a Senate speech, Sessions said:
"Our law enforcement system is in a state of collapse, and it's a deliberate plan by the president of the United States, and it's wrong. And, people need to be aware of it and need to stand up to it and I believe the American people are beginning to do so."
President Obama vs. The Constitution
US Constitution, Article 1 - Section 8 (excerpt)
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
--------------------------------- ------------------------------- -------------------
According to usconstitution.net:
Executive Orders have two main functions: to modify how an executive branch department or agency does its job (rule change) or to modify existing law, if such authority has been granted to the President by Congress. Executive orders are not mentioned by the Constitution, but they have been around a long, long time. George Washington issued several Presidential Proclamations, which are similar to EO's (Proclamations are still issued today). EO's and Proclamations are not law, but they have the effect of statutes. A typical modern Proclamation might declare a day to be in someone's honor. Historically, they have had broader effect, such as the Emancipation Proclamation. A typical EO might instruct the government to do no business with a country we are at war with. …
We the People:
Only Congress has the constitutional authority to establish rules of naturalization. But apparently Senator Rubio recognizes that President Obama will ignore the Constitution again. While the legislative branch has the power and responsibility to check unconstitutional actions of the executive branch, Rubino also knows that Senate Democrats are more loyal to their party than to their oaths of office. People believe this president when he brazenly threatens to exceed his constitutional authority; and for good reason.