Noted liberal, Ruth Marcus:
I think liberals should be more reluctant than they appear to be. "I can't wait any longer" is not a Constitutional principle, nor does it give any limiting principle. If the American people wanted the President to have unbridled power, they would have put Democrats in control of Congress. When he had that, he forced through the ACA, which is still unpopular.
Did he take the hint? Nope.
In terms of the impact outside of immigration — can a Republican president unilaterally decline to enforce the penalties for failing to buy health insurance? Exercise prosecutorial discretion not to penalize failure to pay the “death tax”? Stop going after violators of environmental laws?
Here, too, the administration pooh-poohs any spillover effect. The president would not be declining to enforce an entire law or category of law (as in my hypothetical of no Clean Air Act prosecutions, or tax enforcement of the individual mandate). He would simply be prioritizing how to use limited resources in continuing to enforce the law.
I see the distinction but remain uneasy — and I’m not the only one. University of Virginia law professor David Martin is a Democrat and a supporter of comprehensive immigration reform who served as principal deputy general counsel of the Department of Homeland Security during the Obama administration’s first two years.
“For Democrats, it’s a dangerous precedent,” he told me. “You’re opening the possibility for a Republican president to say, I’m not going to go forward with enforcement in a number of areas.”
There are compelling humanitarian reasons for Obama to act. But the president and his allies must keep in mind: Presidential power, once expanded, is hard to contain.
I think liberals should be more reluctant than they appear to be. "I can't wait any longer" is not a Constitutional principle, nor does it give any limiting principle. If the American people wanted the President to have unbridled power, they would have put Democrats in control of Congress. When he had that, he forced through the ACA, which is still unpopular.
Did he take the hint? Nope.