USA Today -- Senator Chuck Grassley
Presidents have the authority to issue executive orders in various circumstances, constrained by laws and the Constitution. But, as USA TODAY has reported, President Obama has gone to extremes to keep the public from knowing the extent of his unilateral action. In a number of his orders, he has exceeded his constitutional powers and failed to uphold the law.
Contrary to the administration's claims, Obama has issued vast numbers of executive orders, including some of the most sweeping I've seen. The administration has gone so far as to use misleading labels to call what is plainly an executive order a "memorandum." Procedurally, a memorandum is worse than an executive order, since there is even less public awareness and transparency associated with an executive memorandum.
In short, his administration has used word games to try to hoodwink the public about the extent of his executive actions. Even his own Justice Department concedes that there is no substantive difference between an executive order and an executive memorandum.
Any president has the constitutional obligation to take care that the laws be faithfully executed. This president has failed to do so repeatedly. For instance, for the first time in our country's history, he attempted to make recess appointments while the Senate actually was in session. A unanimous Supreme Court, including two of his own appointees, ruled that he violated the Constitution.
The Constitution gives Congress the authority to establish uniform rules of naturalization. And Congress has enacted statutes that create rules for becoming a citizen. But despite his earlier recognition that he could not constitutionally issue an executive order, or memorandum in this case, concerning millions of undocumented aliens, the president did just that.
Sadly, the Senate has also failed to uphold its own constitutional duty to check over expansive executive power. Restoring our checks and balances, is critical to safeguarding the important liberties that Americans enjoy, and is top on the Senate Judiciary Committee's agenda next year.
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