The politics are not surprising. Contrary to the protestations of the right, the Dream Act is not the product of the left, and President Obama’s actions do not constitute an imperial exercise of power.
Lest we forget, the Dream Act – which called for a path to full citizenship for such individuals- was introduced by Republican Senators in the first Bush administration. To repeat, in 2001 an effort was launched by the Republican Party to deal with individuals who came to the US illegally as children. Clearly, however, it was not high on President Bush’s legislative agenda, falling to wayside as many bills in Congress typically do. John McCain was heavily involved in subsequent legislation on the same issue. President Obama called for its enactment while running for office, and he worked actively to get the bill passed only –not surprisingly- to run into a Republican roadblock. This, in my view, is when he should have acted unilaterally.
A number of critics have decried his use of executive authority in this matter. Not being able to move the bill through Congress does not necessarily give the President the right to do his own thing. However, Presidents have traditionally used, constitutionally, their executive powers to dictate policy in areas not specifically covered by Congressional legislation. If Congress is displeased with this or any executive order, all it need to is pass legislation to the contrary. By way of background, President Bush issued almost 300 executive orders while President.
In many regards, the hoopla around the immigration issue is reflective of the larger imbroglio that characterizes the federal government and its leadership. Even while advancing essentially Republican solutions, President Obama has been cast time and time again as an intransigent socialist who would not work with Congress. The lack of movement due to Republican-manufactured Congressional gridlock (the same Republican senators who signed on to the grand bargain to fix the debt helped sustain a Senate filibuster that prevented it from happening), has caused many to question his leadership.
Only recently has the President’s frustration with Congress caused him to use his executive powers to move his agenda forward –gays in the military, recess appointments, non-support for the Defense of Marriage Act, immigration reform. Now the same Republicans who refuse to work with the President in Congress take him to task for being imperial in undertaking unilateral actions in areas where Congress normally has a say.
At the end of the day, this President has and will continue to be pilloried by Republicans no matter what he does. As in the case of immigration reform – the news is all about the President’s values and leadership and/or Congressional stonewalling. There is little discussion about the impact of the issue on the American people and the American way of life. Voters need to get beyond the political rhetoric and personal political affiliations and focus on the facts. They need to ask themselves, who is trying to advance solutions that work best for them.