A Dangerous Move by the President

From David Gergen, at CNN, "Obama's dangerous move on immigration":

One can argue whether this executive order is legal, but it certainly violates the spirit of the founders. They intentionally focused Article One of the Constitution on the Congress and Article Two on the president. That is because the Congress is the body charged with passing laws and the president is the person charged with faithfully carrying them out.

In effect, the Congress was originally seen as the pre-eminent branch and the president more of a clerk. The president's power grew enormously in the 20th century but even so, the Constitution still envisions Congress and the president as co-equal branches of government -- or as the scholar Richard Neustadt observed, co-equal branches sharing power.

For better or worse, Americans have always expected that in addressing big, tough domestic issues, Congress and the president had to work together to find resolution.

For a president to toss aside such deep traditions of governance is a radical, imprudent step. When a president in day-to-day operations can decide which laws to enforce and which to ignore, where are the limits on his power? Where are the checks and balances so carefully constructed in the Constitution?

If a Democratic president can cancel existing laws on immigration, what is to prevent the next Republican from unilaterally canceling laws on health care?

A bad way to start with new Congress

Coming on the heels of midterm elections that were a clear call for a change of course in Washington, starting in the White House, this is also a discouraging way to open the final years of this presidency. A new Wall Street Journal/NBC poll finds that by 53-40%, Americans feel positive about the election results; by 56-33%, they want Congress to set policy for the country, not the President; by 57-40% they favor a pathway to citizenship for illegal immigrants but by 42-32%, they disapprove of Obama overhauling immigration through executive order. Why isn't the White House listening to the public?

In retrospect, it would have been far better if coming out of the elections, the President had said he had promised he would act through executive order before the end of the year, but in light of the election results, he would work with the new Congress for six months. If there were no legislation, he would act on his own.

That would have been a much fairer proposition, would have started out with Republicans on better footing, and would have rallied the public behind him if the GOP refused to cooperate.

Sadly, we instead have an action from the White House that will cast a dark shadow over prospects for legislative cooperation, falls short of what the immigrant population had hoped and steers us into deep, unknown waters in our governance.