By Duncan Smith
The U.S. Supreme Court has handed down a series of terrible rulings this week — terrible not because they ‘went against President Donald Trump’ but terrible because they further eroded the rule of law as well as the constitutional role of the Executive Branch.
Presidents have been issuing executive orders since the days of George Washington. They are nothing new, and some presidents have used them more than others.
In the modern era, they have become particularly useful for presidents who want to effect their own policies rather than squabble with a partisan, divisive Congress.
But even then, the executive actions cannot violate the Constitution or existing federal law.
When Barack Obama issued his executive order creating the Deferred Action on Childhood Arrivals (DACA) program, he knew he was doing so in violation of U.S. immigration law.
How do we know that he knew? Because he said so — repeatedly — in the months leading up to his issuance of DACA in 2014.
So, it stands to reason that if one president can issue an executive order, the next president or a subsequent president can rescind it, right?
Well, that used to be a given. But that was before Donald Trump won the presidency.
After Trump issued an executive order rescinding DACA when Congress failed act to enshrine the program into federal law, it was challenged in a hand-picked federal court packed with liberals.
Those challenges were appealed, but successive liberal federal courts upheld the initial ruling.
So it went to the Supreme Court, where justices — led by Chief Justice John “I’m not really a constitutionalist like I said I was when Bush was nominating me” Roberts sided with the high court’s Leftists and ruled against the administration.
What Roberts actually did was claim that the president did not follow all of the rules in rescinding the order. So now, he’s got to go back and fix it, which Trump pledged on Friday to do.
Per The Epoch Times:
President Donald Trump on Friday said he will submit 'enhanced papers' to cancel an Obama-era program that provides legal protections for undocumented immigrants who were brought into the United States as children after the country's top court ruled to block the president's first attempt to do so.
'The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They 'punted,' much like in a football game (where hopefully they would stand for our great American Flag). We will be submitting enhanced papers shortly in order to properly fulfil the Supreme Court's ruling [and] request of yesterday,' Trump wrote in a Twitter post.
'I have wanted to take care of DACA recipients better than the Do Nothing Democrats, but for two years they refused to negotiate – They have abandoned DACA. Based on the decision the Dems can't make DACA citizens. They gained nothing!' he added.
In other words, stay tuned.
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