The topic of discussion for this
Constitution Monday has to do with the separation of powers between the three
branches of the federal government. The Legislative Branch – the U.S. Senate
and U.S. House of Representatives - is tasked with the responsibility to make
the laws of the land. The Executive Branch is tasked with the responsibility to
enforce the laws, and the Judicial Branch is tasked with the responsibility to
interpret the laws. When each of the three branches fulfill their duties – and do
not usurp the responsibilities of the other branches – the government runs as
it should. When they do not, their rogue actions cause other problems.
A serious problem in the United
States today was caused because Barack Obama decided to usurp the
responsibility to make the laws. With a stroke of his pen he established the
Deferred Action for Childhood Arrivals (DACA) program. This program made it
possible for undocumented immigrants who brought to the United States illegally
by their parent or other adult to remain in the United States.
Eight states – Texas, Alabama,
Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, and Kansas –
along with two governors – Mississippi and Maine – took the problem to the
Judicial Branch. The plaintiffs asked the Court to declare the DACA program to
be illegal and to force the federal government to end it. President Trump tried
to end the program a year ago but was forced to keep it open by a different
court. The administration hoped that this case would shut the program down, but
the judge in this case made a surprise decision.
District Judge Andrew Hanen in Texas decided against a ruling to shut down the program “even though he believes the
program is probably illegal, according to CNN.” One would think that a judge
would shut down an illegal program, but Judge Hanen thinks that abruptly ending
DACA would cause greater harm to the states. He wrote the following in his
decision.
Here, the egg has been scrambled. To try
to put it back in the shell with only a preliminary injunction record and
perhaps at great risk to many, does not make sense nor serve the best interests
of this country.
In other words, the program should
have been stopped before it began. The fact that the program has been in place
for six years makes it a different story. The decision does not necessarily mean
that DACA is legal. It simply means that the judge believes that Congress has
the responsibility to create a program to protect the people called Dreamers,
if they so choose.
DACA is a popular program and one that
Congress should consider saving. [However], this court will not succumb to the
temptation to set aside legal principles and to substitute its judgment in lieu
of legislative action. If the nation truly wants to have a DACA program, it is
up to Congress to say so.
In other words, Hanen refuses to
usurp the responsibility of Congress. Obama did the wrong thing when he created
DACA with an executive order. He should have worked with Congress to create a
law that would take care of the problem of children brought to the United
States illegally. Now the problem has grown bigger, causing greater harm if the
law is simply declared illegal. Congress needs to get its act together and
solve the problem once and for all. If Congress does not act, the only recourse
for the plaintiffs – and President Trump – is for the case to go all the way to
the US Supreme Court where conservative justices may rule DACA illegal and
unconstitutional.
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