MalcontentCategories: Dear Leader Comments Off
*We Don't Need Your Stinkin' Comments*
IN the months since President Obama first seem poised — as he now seems poised again — to issue a sweeping executive amnesty for millions of illegal immigrants, we’ve learned two important things about how this administration approaches its constitutional obligations.
First, we now have a clear sense of the legal arguments that will be used to justify the kind of move Obama himself previously described as a betrayal of our political order. They are, as expected, lawyerly in the worst sense, persuasive only if abstracted from any sense of precedent or proportion or political normality.
Second, we now have a clearer sense of just how anti-democratically this president may be willing to proceed.
The legal issues first. The White House’s case is straightforward: It has “prosecutorial discretion” in which illegal immigrants it deports, it has precedent-grounded power to protect particular groups from deportation, and it has statutory authority to grant work permits to those protected. Therefore, there can be no legal bar to applying discretion, granting protections and issuing work permits to roughly half the illegal-immigrant population.