Trump, Obama, DACA and the strict limits on presidential power

Thursday, 14 September 2017, 03:27:00 AM. Presidents have an independent responsibility to make sure the executive branch is not overstepping its powers.
Share Opinion This article first appeared on the Hoover Institution site. Executive actions are often controversial, with members on both sides of the political divide crying foul when Congress is circumvented. President Obama’s executive actions on immigration, executed when Congress failed to pass immigration reform, while popular with many, have come under fire in the press and in the courts. Keep up with this story and more by subscribing now On Tuesday, September 5, President Trump rescinded the Deferred Action for Childhood Arrivals program, or DACA, the executive action issued by President Obama in 2012 that allowed young undocumented immigrants to remain legally in the country to attend school and work. In this Q&A, Stanford Law Professor Michael McConnell discusses executive orders and the Constitution. President Obama waited to issue an executive order on immigration because, he said, he wanted Congress to act. When Congress failed to act, he issued several, including what is known as  DACA, the Deferred Action for Childhood Arrivals program. Was his action constitutional? President Obama waited to issue an executive order on immigration because he understood he did not have lawful authority to countermand an Act of Congress. The decision of Congress not to enact legislation a president wants is no excuse for acting unilaterally. I realize DACA has a lot of support. I support the policy myself, and hope Congress enacts it in some form. Children brought to this...Read more
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