Some ammo for Rush Limbaugh

On Chris Wallace's Sunday morning show on Fox News, the anchor was fixated asking his guests — in particular, Rush Limbaugh — why Republicans were so quick to criticize Obama's executive actions with regard to DREAMers and DACA but are equally quick to defend President Trump's executive action declaring border security and building a barrier a national emergency.

Unfortunately, Rush was caught off guard and did not have the answer at the ready in his nicotine-stained hands.  Rather, he fumfered around a bit and said something about not caring because Trump's actions were right and Obama's wrong.  Ouch.  Not a very convincing answer.

Love the guy, but this was a punt.  Hopefully, he will think of the right answer in time for his show, maybe by reading this blog post and having a look at the articles I cite.  Here goes:  

Obama's executive actions, not just on DACA and the DREAMers, but also on the Iran deal and the Defense of Marriage Act (DOMA), as well as his defense and support of, and lack of enforcement regarding, sanctuary cities, violated existing laws, statutes, and constitutional provisions.  Jack Cashill does an excellent job laying this out in detail in American Thinker here.

Obama ignored and violated laws he was actually constitutionally charged with enforcing as America's chief executive.  We knew it then but were powerless to do much about it.  Obama's pen and phone were formidable and used often with little regard for the very same Constitution Democrats are all so exercised about now.

In contrast, Trump's executive action declaring as a national emergency the need to erect a barrier to shore up the integrity of our border and protect the 360 million individuals residing therein is actually the enforcement of existing laws, which is by definition what the Executive Branch does.  Article II, Section 3 of the Constitution succinctly charges that the Executive "shall take Care that the Laws be faithfully executed" — something Obama clearly did not do with regard to our immigration laws or DOMA. 

Moreover, Obama's Iran deal was, in fact, a treaty, which the Constitution requires to be ratified by the Senate.  Obama knew he couldn't get two-thirds ratification, so he decided to call it a "deal" and look the other way.  But treaties are treaties, whether they are called deals or agreements or anything else, and Obama flagrantly violated his duty under the Constitution. 

On the other hand, Trump, by declaring this a national emergency, is acting well within the scope of his broader constitutional duties to provide for our national security as our executive and, further, is acting consistently with congressional legislation (the National Emergencies Act of 1976) that directly empowers the president to take the very action he is taking.  You can read about the legal subtleties of the congressional delegation of powers here in an article penned by U.C. Berkeley legal scholar John Yoo.  Yoo points out that Congress actually authorized border security measures and construction of a wall in legislation back in 2006; Congress has not expressly prohibited the president from taking such action (I suppose Pelosi's Congress could do this if she could get a majority vote, have it pass the Senate, and be signed by Trump — never mind); and he is using powers delegated to the Executive Branch to "build, nay, finish that wall."   

This was a missed opportunity by Rush to educate the public beyond his show, American Thinker, and National Review.  Let's hope others will pick up on it and discuss it on the other networks, blogs, and news sources.  Maybe Trump will tweet about it or discuss it in his many encounters with the press.

Image credit: Fox News via YouTube screen grab.

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