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LNP - Fate of DACA should be decided by Congress

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#1 LTnewsDawg


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Posted 24 September 2017 - 08:00 AM

My daughter saves your Sunday edition for me when she visits me in western Pennsylvania. On Constitution Day, I read your Sept. 10 Perspective section regarding the three Deferred Action for Childhood Arrivals program recipients and their lives under the DACA presidential executive action.

President Barack Obama had no constitutional authority for his executive action. As a “constitutional scholar,” he knew better! His rationale of an “inactive” Congress was legally flawed and wrong.

President Donald Trump is only doing what the U.S. Supreme Court would have done had the lawsuit been pursued by states’ attorneys general over the expansion of DACA and the Department of Homeland Security’s formal request revoking the Deferred Action for Parents of Americans and Lawful Permanent Residents program. The federal courts blocked implementation of DAPA in 2015.

Legally, all the benefits issued under DACA are null and void. Under the Constitution, we operate under the assumption of what is legal or illegal, not what is “right” or “wrong” or what has “widespread public support” or what makes us “all” feel better. The ultimate test is what is constitutional or not. DACA is not!

The decision on DACA is constitutionally where it should be, in Congress. Hopefully, our lawmakers will provide a solution. If not, the Supreme Court will declare it unconstitutional and overturn Obama’s illegal presidential executive action. What a tragic unintended consequence that would be!

Let’s pray that “Dreamers” will get a constitutional resolution to their dilemma.

Thank you for the editorial offerings, and I love to read your Sunday Perspective section.

Paul Payerchin

Uniontown, Fayette County

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