02 July 2010

Suspend the law, by Executive Order? Are they serious?

[The President of the United States]shall take Care that the Laws be faithfully executed.... ~ U. S. Constitution, Art. I, section 3.

Many people (including people on the right) are angry with the President for not issuing an Executive Order suspending enforcement of the Jones Act. Think of it: The President of the United States, constitutionally charged to see that the laws are faithfully executed, is to issue an order suspending the faithful execution of certain laws, as convenient.

Of course, the rationale is that this is an emergency of the sort which necessitates the suspension of this law, maybe others. Emergency -- that is the most common excuse used by tyrants to justify their excesses. One "emergency" after another; one suspension of law after another -- soon enough you have the Julio-Claudians and their successors running things.

It is odd that complaints come from the right, given their ire at the federal government's failure (or refusal) to enforce federal immigration law.

Supporters of this enforcement suspension cite the Bush Administration's suspension of it during the Katrina emergency. Robert Bluey explains a proffered distinction between the two events (here), such that Bush's suspension of the Act was justified, but Obama's would not be. But even if this distinction isn't valid, we are still talking about the suspended enforcement of law. Slow down and think that through. The President of the United States, because there is some crisis (you know, that thing which, according to Rham Immanuel, permits government to get away with things it otherwise could not), issues an Executive Order suspending enforcement of a law. While we're at it why not, if and when necessary, suspend enforcement of the Constitution, like Lincoln virtually did during the War to Prevent Southern Secession, or Wilson during World War I, or FDR during the crisis known as The Great Depression?

For the record: Like Senator McCain, I think the Jones Act should be repealed. (Wow. Something he and I agree upon. Who knew?) But so long as it remains in force, I'd prefer to see the POTUS exercise a habit of not picking and choosing which laws he shall faithfully execute and which laws he will not.

10 comments:

李豪湖仁陳堅豪 said...

認清問題就等於已經解決了一半的問題。.................................................................

dawsonfelicia張君dawsonfelicia均 said...

人生是故事的創造與遺忘。............................................................

joven said...

beautiful blog..pls visit mine and be a follower.. thanks and God bless..

http://forlots.blogspot.com/

joven said...

beautiful blog..pls visit mine and be a follower.. thanks and God bless..

http://forlots.blogspot.com/

joven said...

beautiful blog..pls visit mine to,and be a follower..thanks and God bless..http://forlots.blogspot.com/

ju吳phe宇te佳ns said...

一個人的快樂,不是因為他擁有的多,而是他計較的少。..................................................

蔡燕 said...

上來逛逛,踩個腳印給你~~~............................................................

誠李行王wtf桂屏李edt李 said...

希望我的支持可以帶給你快樂--加油.............................................................

張怡 said...

When everything is coming your way, you are in the wrong lane.............................................................

香昱信張君林 said...

良好的開端,已是成功的一半。..................................................

About Me

James Frank Solís
Former soldier (USA). Graduate-level educated. Married 26 years. Texas ex-patriate. Ruling elder in the Presbyterian Church in America.
View my complete profile

Blog Archive

Capitalism