Mr. Chairman, I appreciate the work that you have done on this, and I appreciate the attention that this has brought. Mr. Speaker, there is a lot of consternation about this bill. I stand here today, obviously, in support of my bill, H.R.…
Mr. Chairman, I appreciate the work that you have done on this, and I appreciate the attention that this has brought.
Mr. Speaker, there is a lot of consternation about this bill. I stand here today, obviously, in support of my bill, H.R. 5759, the Preventing Executive Overreach on Immigration Act of 2014. It is a simple bill. It is four pages, but yet, it has caused a lot of debate.
It just simply states that the President, Mr. Obama, does not have the constitutional authority to grant amnesty by issuing work visas to 5 million people here illegally.
I have got a list of scholars too that back up the claim that this is unconstitutional.
This bill doesn't talk about deporting anybody, as you might hear later on today that it is going to deport 9 million people. It doesn't talk about that. It doesn't talk about granting amnesty. It just stops an unconstitutional action by our President, who has taken an oath to defend and protect the Constitution of the United States, just like the rest of us in this body have.
To vote ``no'' against this bill is to vote ``no'' against the Constitution.
Harry Reid has already said he will not bring up this bill for a vote. The President says he will veto this if it makes it to his desk.
My question is, to not bring up this bill, or to not sign it, is that not a vote against our Constitution?
It is important that we address the true debate here, and that is the separation of powers. This bill is not about border security, work visas, E-Verify, or immigration reform. This is about the administration overstepping its bounds and unilaterally challenging the laws of this great Nation of ours.
Article II, section 3 of our Constitution makes very clear that the duty of the President is to ``take care that the laws be faithfully executed.'' Despite this straightforward charge, the administration is refusing to enforce our existing immigration laws for millions of unlawful aliens.
Article I, section 8 of the Constitution clearly states, ``Only Congress has the power to write immigration laws.'' And our Founding Fathers established this separation of powers to prevent an overreaching executive.
Mr. Speaker, the Supreme Court found in Galvan v. Press ``that the formulation of policies pertaining to the entry of aliens and their right to remain here is entrusted exclusively to Congress, and it has become about as firmly embedded in the legislative and judicial tissues of our body politic as any aspect of our government.''
Preserving article I, the legislative powers, this is not a partisan issue. It is not Republican or Democrat. Allowing executive action like this to slide simply because we are frustrated with a system establishes a dangerous precedent that could be abused by Presidents of both parties for any area of law they disagree with.
I would like to point out to my colleagues on the other side that if we continue to surrender, from this body, our legislative powers to the executive branch, then we could easily be standing here in 2, 5, or 10 years discussing a Republican President who refuses to enforce the employer mandate of the Affordable Care Act or uphold portions of the Voting Rights Act, and it can go on and on, and it has opened up a dangerous precedent.
Just because one might agree with the outcome does not justify overlooking or violating the process to get to that outcome.
Congress has the constitutional powers to create and write laws, and the President has a duty to faithfully execute those laws, not to pick and choose, like he does or doesn't like them. And that is according, again, to article II, section 3.
I urge Members to support H.R. 5759, restore constitutional powers to Congress, and stand on the side of the Constitution to protect this great Nation of ours.