Tag: Executive Orders

Wrong is not Unconstitutional

I’m a bit bumfuzzled by last week’s judicial decision on DACA. A federal judge suspended Trump’s efforts to end DACA. Doug Mataconis gets into the weeds of the federal issue, notably the issue of “equitable estoppel” — the idea that it is unfair to DACA recipients to have had the government make promises to them, have them act on those promises and then have the rug jerked out from under them. I understand those arguments, to the extent I can. But ultimately, it seems absurd that Trump can not undo by executive order what Obama did by executive order.

Look, I’m in favor of extending DACA. And it frustrates me no end that Trump apparently nixed a deal last week on advice from rat-toad Stephen Miller. But he is will within his authority to undo Obama’s executive orders. In fact, most of Trump’s “accomplishments” in his first year have simply been rescinding Obama executive orders. Live by the pen and the phone, die by the pen and the phone. I opposed Obama’s DACA order precisely for that reason: that this is something that should be done through Congress. Yeah, Trump’s being a jerk by treating the Dreamers this way. But Obama was just as big a jerk by getting the Dreamers to believe that they were taken care of when they, in fact, were not.

I have been saying this now for 15 years and the lesson is still not sinking in: executive power is not a way to run a government. The Democrats still haven’t learned this lesson; their leadership voted just last week to give Trump expanded surveillance powers. But the danger to DACA recipients is the result of depending on the executive to right all the wrongs in our country. What one king can do another can undo. And that is no way to run a country.