This morning Senator Rubio again made the argument that I mentioned the other day, that Congress needs to pass an amnesty to prevent President Obama from just amnestying all the illegals administratively without giving any enforcement in return. As he told a Florida radio station:
I believe that this president will be tempted, if nothing happens in Congress, he will be tempted to issue an executive order like he did for the DREAM Act kids a year ago, where he basically legalizes 11 million people by the sign of a pen. Now, we won’t get an E-Verify, we won’t get any border security. But he’ll legalize them.
Rubio seems to assume the president has the legal authority to do this, which he most certainly does not. But maintaining the separation of powers and preventing even more concentration of power in the First Citizen would require a Congress that zealously defends its constitutional prerogatives. Unfortunately, most members of that body are either pusillanimous Republicans or Democrats willing to cut down any law that stands in their way. The problem here isn’t even the specific strictures in the Constitution; it’s the very concept of constitutionalism itself.