Sunday, February 26, 2017

"The law of the United States is back to being the law of the United States."

Andrew McCarthy reports at PJ Media,
On Tuesday, John Kelly, President Trump’s secretary of Homeland Security, published a six-page, single-spaced memorandum detailing new guidance on immigration enforcement. Thereupon, I spent about 1,500 words summarizing the guidance in a column at National Review. Brevity being the soul of wit, both the memo and my description of it could have been reduced to a single, easy-to-remember sentence:

Henceforth, the United States shall be governed by the laws of the United States.
That it was necessary for Secretary Kelly to say more than this -- and, sadly, that such alarm has greeted a memo that merely announces the return of the rule of law in immigration enforcement -- owes to the Obama administration abuses of three legal doctrines: prosecutorial discretion, preemption, and separation of powers (specifically, the executive usurpation of legislative power).

McCarthy explains the ways Obama abused those doctrines here.

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