As of November 2015, the United States faces yet another Constitutional crisis. Once more, the president claims powers which he does not have and cannot exercise under the existing Constitution. We can argue endlessly the pros and cons of the president’s actions, but let us turn to the document at risk for the answers.
Article I, Section 8 of the Constitution lists the enumerated powers of Congress. Listed among the other duties is the phrase that empowers Congress to “establish an uniform rule of naturalization …” . Nowhere in the Constitution is the word immigration found. It was universally understood the laws of naturalization covered the topic of immigration since said law would set the qualifications and exclusions for entry into the United States of America, as well as the requirements for naturalization. Article I is the section of the Constitution that defines Congress and its duties. It does NOT confer executive powers. Executive power is defined in Article II.
Nowhere in the text of Article II and associated Amendments (12th and 25th) does the Constitution grant the president the power to determine the rules for naturalization. He has NO authority to import aliens except under laws originated by Congress. No such law supporting his authority currently exists. To put it succinctly, the president is in violation of federal law when he fails to stop illegal immigration or imports immigrants not specifically authorized by Congress. President Obama is willing to do so. He is arrogant and imperial in his demeanor. He believes he can usurp power and violate the oath he took to protect and defend the Constitution. In other words, he is a dictator and tyrant. Considering he was raised as a Muslim this should come as no surprise.
The Department of Justice under Mr. Obama has ruled that the states cannot opt out of taking however many “refugees” the administration cares to import. DOJ forgets the hierarchy of sovereignty under the Constitution. When ratified, it was understood that the people were supreme in sovereignty. Then came the several states and finally the federal government. The federal government is a creation of the several states and is subordinate to them except in those areas explicitly granted by the Constitution. All laws, including Executive Orders, must pass Constitutional vetting. Mr. Obama’s intention of importing thousands if not millions of Middle Eastern refugees violates the text and intent of Article I, Section 8. Only Congress can waive the requirements for admission and naturalization, and, those waivers must be legal under the Constitution. Any attempt to import large numbers of hostile, anti-American jihadists, is criminal and prosecutable. Over thirty states have elected to protect their citizens since the federal government declines to do so. The states are under no Constitutional compulsion to follow unlawful legislation or executive orders. In fact, they are compelled by the Constitution to refuse to follow such travesties.
In any event, how does Mr. Obama intend to enforce his will? Declare martial law? I suspect this will be a can of worms even he can’t foresee or control. Under the Uniform Code of Military Justice (UCMJ) the military is also under a compulsion to disobey unlawful orders. This no doubt explains why Mr. Obama is arming every federal employee down to and including the janitors. He expects the military to refuse his unlawful orders so he has organized a cadre of alphabet agency thugs to do his bidding. We are in for a really chaotic ride over the remainder of Mr. Obama’s term of “service”. I for one do not look forward to the future.