The Supreme Court today handed President Obama a defeat in his executive amnesty (DAPA & DACA) order. Because the court was tied 4-4, the decision of the lower court stands.
It was a victory. But it wasn’t good. What’s not good about it is that it wasn’t an 8-0 decision. This wasn’t an immigration issue. This was a separation of powers issue. And that there were 4 Justices who thought it was OK for the Executive Branch to make law is disastrous.
Article 1 of the Constitution establishes the Legislative Branch. That’s where laws are made. Article 2 of the Constitution establishes the Executive Branch. That’s where laws are enforced. Article 3 of the Constitution establishes the Judicial Branch. That’s where laws are interpreted when the need arises. That’s the way it’s supposed to work.
Imagine what would happen to the country if Obama could pick just one more Justice? It’s over. There is no “sick and tired” clause in the Constitution like Obama seems to think. If he can’t get Congress to pass laws that he likes, that does not give him the power to abuse his power to write a law he wants.
The Founding Fathers were careful to set up these three, separate but equal branches of government. They lived what a tyrannical government was like in the Crown. They also knew that if any two, or all three, branches of government ceased to be separate, where one branch assumed the role of another, that would be the definition of tyranny.
This where we are today. And that’s why the Founding Fathers provided for the Article V Convention of States. That is the safety valve to put the States, the people, back in power when the government turns tyrannical.