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Monday, June 22, 2020

Unclear On the Concept

People celebrating this awful Supreme Court ruling enshrining legislating from the Oval Office realize that Trump has time to issue executive orders that somehow trigger administrative rules review processes to repeal, right?

It is insane to argue that the refusal of Congress to pass legislation is a justification for the executive to usurp legislative power. If Congress won't pass a law, the response is to compromise with opposition and/or elect more people who agree with you. This is horrible for the separation of powers and rule of law no matter who wields that power.

You can even support the ultimate objective of the DACA program without supporting the unlawful means to get the objective.

Senator Lee noted of the decision:

The Supreme Court held today that President Obama’s DACA program is clearly illegal. That should have been the end of the inquiry. If a president can’t undo the illegal acts of his predecessor, that can lead only to ever-expanding executive power.

This is the logic that has made Brexit so difficult to engineer. I observed that regulations can be more powerful than tanks and secret police:

I assume Putin, who considers the dissolution of the Soviet Union a historic catastrophe, is really jealous.

The Soviet Union relied on lots of tanks and secret police to keep their restive imperial provinces in line. And in the end it was not enough.

Who knew that 10,000 cheese regulations would have been more effective in tying the imperial provinces to the motherland?

And now we have an example of that in America. DACA is illegal. But the regulations promulgated under that illegal act protect the illegal act by triggering difficult legal hurdles to removing the rules.

That's rule of law?