If Loretta Lynch, the U.S. attorney for the Eastern District of New York and Obama’s nominee to head up the Department of Justice, is confirmed by the Senate Judiciary Committee, it will prove to be a disaster for the Constitution.
On Wednesday, Lynch told senators she believes Obama’s decision to not deport five million illegal immigrants is based on interpretation of federal law and precedents.
“I don’t see any reason to doubt the reasonableness of those views,” Lynch said.
Lynch has decided to ignore the separation of powers explicitly set out in the Constitution. She is also disregarding the so-called Take Care Clause in Article II, Section 3 that states “(the President) shall take Care that the Laws be faithfully executed.”
In December, a federal judge, Arthur J. Schwab, sitting in the Western District of Pennsylvania, said while Obama has some discretion in the way laws are enforced, in the instance of immigration he has violated the Constitution.
Schwab said Obama has overstepped his authority by writing laws which are the exclusive responsibility of the legislative, not the executive branch of government.
“This action certainly looks a lot more like, ‘I’m changing the rules of the game,’ rather than ‘I’m just choosing not to exercise my discretion,’ and that runs counter to Congress’s power to decide what the law is,” said Shannen W. Coffin, who in the George W. Bush administration was a Justice Department lawyer and then counsel to Vice President Dick Cheney. “It’s highly questionable as a constitutional matter.”
“What some seem to have forgotten is that at issue in the president’s executive order is not simply America’s immigration policy,” writes the editors of the National Review Online. “The president’s action in November — coming on top of his unilateral, de facto implementation of the Dream Act in the summer of 2012 — rends the principle of separation of powers that is part of the warp and weft of America’s constitutional fabric. Republicans — indeed, all of Congress — should exercise their constitutional prerogative to check the power of a president who has demonstrated his contempt for the very concept of checks and balances. The GOP will suffer merciless accusations of racism and sexism for doing so, but unflattering New York Times headlines are a small price to pay for upholding constitutional order.”
Despite this, Republicans appear ready to confirm Lynch. On Thursday, she won two key Republican endorsements.
“I believe she’s not only qualified but exceptionally well-qualified and a very good person, to boot,” said Sen. Orrin Hatch of Utah, who is a senior Republican on the Senate Judiciary Committee.
Republican Sen. Jeff Flake of Arizona and Sen. Lindsey Graham of South Carolina both said they are inclined to confirm Lynch.
The confirmation hearing reveals the sad fact that Republicans and Democrats share a distorted view of the Constitution and will eagerly subvert the founding document of the republic in order to play politics.
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