01 December 2014

Impeach and Convict Obama for Amnesty

Stephen Kershnar
Throw Him Out: The Overwhelming Case for Impeaching and Convicting Obama
Dunkirk-Fredonia Observer
November 23, 2014

Via executive order, President Obama recently amnestied five million illegal aliens. The amnesty applies to people who have been here illegally for the past five years, although one doubts whether the five-year requirement will be enforced, and to parents of anchor babies. Many of these aliens will likely not be prosecuted for identity theft and document fraud they committed in order to work here in the past. This amnesty follows a previous one, which occurred when Obama enforced the DREAM Act despite Congress’ refusal to pass it.

If, in the absence of an emergency, a President who nullifies valid law and, in so doing, significantly subverts the Constitution should be impeached and convicted. Obama’s amnesty fits the bill.    

His action is clearly illegal. There are laws that have been passed by Congress and signed by a President that constitute American immigration law. The law simply does not allow for such an amnesty. The best the President’s defenders can do is argue that the amnesty is permitted by prosecutorial authority. Under this doctrine, a prosecutor has the sole discretion to decide whom to charge, what to charge them with, and whether to dismiss or plea bargain down the charges. This, however, has to be done on the basis of limited resources, not on the basis of whether or not a prosecutor approves of the law.   

Consider, for example, if President Rand Paul tried to get Congress to eliminate all taxes on capital gains. Congress refused and, instead, raised these taxes. Paul then announced that he was in effect nullifying all taxes on capital gains by giving an amnesty for anyone who doesn’t pay them, despite the fact that Congress had allocated money to enforce such a law. Does anyone honesty think this would be legal?

The Constitution permits impeachment and conviction. It says, “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” The clause is best interpreted to include not only criminal acts, but also neglect of duty even when not an indictable offense.

This interpretation is supported by the original intent of those who wrote and ratified the Constitution, the power’s historical lineage, and precedent. People who helped to frame and ratify the Constitution, such as Alexander Hamilton and George Mason, intended the power to cover violations of public trust that were not indictable offenses. Historically, the clause was modeled on power had by the British legislature had that was not limited to indictable offenses. The broader interpretation is also in line with precedent. Within 30 years of the country’s creation, Congress impeached and convicted a judge for such non-indictable acts as being drunk, foul-mouthed, and blasphemous while on the bench. The purpose of the impeachment clause, then, is to allow Congress to remove government officials who abuse their power, especially when their doing so subverts the Constitution.

Obama’s amnesty is a clear-cut abuse of power and one that severely harms the country. Relative to current Americans, illegal aliens are poorer, less educated, less intelligent, and less committed to family values. Relative to other members of the third world, Mexicans, which includes many of the aliens, are neither poor nor oppressed. Compare them, for example, to the many desperate people from Sudan, Congo, or India. Thus, they are neither a good source of skilled workers nor strong candidates for economic or political compassion. What’s more, the U.S. is not like a restrictive country club. In the last few decades, the country has been so flooded with legal immigration that roughly one out of four people in this country are either immigrants or the children of immigrants. The Democrats, along with Republican collaborators, have decided to import a new people, despite the ardent opposition of the American people.

The Obama administration did not make the aliens eligible for some public benefits, such as food stamps and Medicaid, but no one who has watched this administration and the Democrats in Congress expects this restriction to remain in place. Consider that 42% of the new Medicaid signups are immigrants or their children and that Obama and the Democrats repeatedly tried to include illegal aliens in Obamacare. If this amnesty is not smacked down, Obama will undoubtedly move to convert the newly amnestied into citizens, grant amnesty to millions of the remaining illegal aliens (there are at least another six million), and make them all eligible for government benefits. No one can seriously doubt that these moves are on the horizon, by executive action, again, if necessary. Also, no one can doubt Obama’s two amnesties will encourage a massive new wave of illegal aliens hoping for yet another amnesty.   

The precedent here is important. Recently, Presidents have been violating the public trust with increasing frequency and severity. Obama claimed the unilateral right to take the nation to war in Libya and against ISIS without getting a declaration of war or following the War Powers Act. He has previously engaged in blatantly illegal acts such as rewriting Obamacare and breaking immigration law (see DREAM Act). The Internal Revenue Service targeted political enemies and blatantly ignored Congressional oversight with few repercussions. His attorney general has been held in contempt of congress. His Veteran’s Administration was awash in illegalities. His administration just ignored the bankruptcy laws to favor his political ally (UAW) in the General Motors and Chrysler bailouts.

One shudders to think what another Clinton presidency would do if this pattern of abuse is left unchecked. 

One objection is that the U.S. can’t and won’t deport masses of illegal aliens. First, the country has done so before during President Eisenhower under Operation Wetback. Second, even if the country lacks the integrity to enforce the law, it does not follow it has to retroactively validate the law breaking as opposed to putting it on a list of things to do.  

The only fitting response to Obama’s lawlessness is to throw him out the hell out. Impeach and convict him posthaste. 

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