August 3, 2014

LET’S HOPE THIS IS A SIGN THAT SOMEONE THERE IS IN TOUCH WITH REALITY: WH: Obama undecided on immigration steps. “White House officials are downplaying stories that President Obama is prepared to take executive action on immigration that would allow millions of undocumented people to stay in the United States.” Such an action would be an extraconstitutional coup, entirely justifying the impeachment talk.

Actually, it might justify more. I can imagine governors — Rick Perry, perhaps — simply taking matters into their own hands. They’d have a better argument for self-help there under the Constitution — Article I sec. 10′s authorization to go to war when actually invaded, or in such danger as will admit of no delay — and the federal government’s default on its duty under the Constitution to protect them from invasion. There’s a lot of room for constitutional self-help there, and realistically what’s Obama going to do about it?

UPDATE: This overstates my position a bit. I’m not sure the argument for self-help is right, only that it’s much stronger than Obama’s claim to be able to act unilaterally.