The Associated Press reports that forty-three U.S. Senators filed an amicus brief (friend-of-the-court) brief to the Supreme Court over President Obama’s illegal lawmaking by executive power. As one quick to criticize GOP lawmakers for their tepid, if not absent, opposition to President Obama’s executive actions, these Senators actually engaged in legitimate litigation to have the courts declare his actions unconstitutional.
This litigation is a defense of the separation of powers, one of the most important constitutional principles that keeps us away from tyranny or a dictatorial government.
The Senators blasted the president’s efforts to “implement his policy preferences” to shield illegals, wholesale, from deportation as nothing more than “the extra-constitutional assertion of a unilateral executive power.”
The Senators’ brief, as quoted by CNSNews blogger Terence P. Jeffrey, goes on: “With millions of illegal aliens not permitted to remain in this country, work in this country, or receive government benefits pursuant to federal law, the Executive decided to provide such privileges to them anyway through administrative fiat,”
They are exactly right.
By executive fiat Obama is giving illegal aliens “lawful presence,” entitling them to welfare, food stamps, earned income tax credits, Social Security and housing. Obama’s defense of such unconstitutional efforts? He says it’s to “change the law.”
You change the law by going to Congress and convincing them to rewrite existing law or pass new law to meet your objectives. You don’t accomplish that by executive action.
Senate Majority Leader Mitch McConnell, Republican presidential candidate Sen. Ted Cruz, R-Texas, and 41 other names are on the brief filed this week with the U.S. Supreme Court to block a plan that gives amnesty to illegal immigrants.
Sens. Kelly Ayotte, R-N.H. Richard Burr, R-N.C.; Susan Collins, R-Maine; Jodi Ernst, R-Iowa; Jeff Flake, R-Ariz.; Cory Gardner, R-Colo.; Deane Heller, R-Nev.; Mark Kirk, R-Ill.; Lisa Murkowski, R-Alaska; Rob Portman, R-Ohio; Pat Toomey, R-Pa.
You read that correctly. U.S. Senator Cory Gardner, R-CO, did not sign on to the brief.
When asked why by the Independent Journal Review why he failed to do so, his office replied with the following statement:
“I remain an outspoken critic of the President’s abuse of executive authority, and continue to stand firmly opposed to his misguided attempt to fix our broken immigration system through executive order.”
Gardner’s office also did not immediately respond to request for comment when asked why Gardner did not sign the brief despite his opposition to Obama’s executive amnesty.
You can contact Senator Gardner’s office here.
Hold him accountable.