To Be Decided: Will America Be a Banana Republic?

The following report from the Center for Immigration Studies demands the attention of every American concerned about the expansion of immigration, legal or otherwise, across our borders. It is crucial that we grasp the reckless nature of the Obama administration’s overreach in so many areas, but particularly what he does here. On his watch the Executive branch of government has metastasized to an extent hardly credible before now. However, he did promise he’d “radically transform” this country. The DAPA/DACA programs to be considered by the Supreme court on Monday are part of that transformation.

At one time I would have considered the High Court to be a rational arbiter. However, with Scalia’s death (and before that the shocking abdication of the Court in the face of ObamaCare) this comforting reassurance has to be reconsidered. Is the Supreme Court any longer on the side of America’s sovereignty?

Here’s the view of CIS: [from their newsletter, based on the linked page]:

In anticipation of Monday’s Supreme Court oral arguments in United States v. Texas, the Center for Immigration Studies has published an overview of the main issues in the case. The Court’s decision “will determine whether Congress is the constitutional master of the immigration system or whether the president now has shared authority with Congress to create immigration policy through regulation.”

This case, a challenge brought by governors and attorneys general from Texas and twenty-five other states, involves the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, an expansion of the earlier Deferred Action for Childhood Arrivals (DACA) program. Under the programs, an illegal alien becomes “lawfully present” in the U.S. and receives a work permit after an application is reviewed (typically merely rubber stamped) and a fee is paid.

The states allege that the DAPA program (1) violates the president’s constitutional duty to “take Care that the Laws be faithfully executed”; (2) DAPA was promulgated without public notice and comment; and (3) DAPA is in excess of agency authority.

Standing is a key issue in the case. Will the Court decide that standing provides a defense to any agency action? If it does, the Court is saying “the president can announce a vast program to suspend the law and provide benefits to illegal aliens prohibited by Congress through administrative action without so much as providing the public an opportunity to comment in advance.”

John Miano, a Center fellow and author of the analysis, writes, “It is no exaggeration to say that United States v. Texas will determine whether America is a nation of laws or whether it has become a banana republic.”

Other major legal issues [in this decision by the court] include:

  • Is DAPA discretion?
  • Is DAPA an interpretive rule?
  • Does the Executive have authority to grant DAPA recipients work authorizations?

Nearly all the media attention has been focused on the discretion issue to the exclusion of all the others. Is it really just discretion to not prosecute when, under DAPA, the government is handing out work permits and making illegal aliens eligible to work in the United States as well as to receive Social Security, unemployment, and disability benefits?

The Obama administration explicitly claims that it has unlimited authority to allow any alien to work — unless Congress explicitly prohibits it. Except that even when Congress explicitly prohibits such work (as with illegal aliens) the president still claims authority to grant it. Obama also claims authority to make any alien “lawfully present” in the United States. In other words, Obama claims to have the power to allow any alien to be in and to work in the United States. [italics added]

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For more information on the judicial background of these DAPA/DACA programs, see previous reports compiled by The Center, listed here.

Are we in danger of becoming a banana republic? That question is no longer simply rhetorical. It’s downright scary. In fact, our days of lecturing the EU for its insane immigration practices may be drawing to a close as we join in the madness.

Crazy Merkel’s separated-at-birth-twin may be residing in the Oval Office.

8 thoughts on “To Be Decided: Will America Be a Banana Republic?

  1. It all began with the Eisenhower Administration. “Operation Wetback” was just a diversion to draw attention away from the government’s inaction when a foreign-language alien illegally entered the country and prophetically proclaimed, “Klaatu obama nikto”. For the details, see .
    This report is an update on the tightening alien grip on the U.S. government.

  2. If the lunatics take over the asylum by electing Bernie, the Supreme Court becomes immaterial as he thinks he can set aside their rulings, he actually said so in reference to Campaign Finance where he disagreed with their recent free speech ruling. If Billary gets in anyone who gets in the way of their America for sale agenda will be raped or killed, she absolutely needs the cover of the Presidency to stay out of prison, it will be 4 to 8 years of presidential privilege to get past the statute of limitations on all her crimes. She really wants the furniture and Dinner ware, probably ship it to her WW3 retirement haven.

  3. Nearly 30 years ago the government warned that Australia was becoming a banana republic. We fixed that, however, by voting a few years later to remain a constitutional monarchy. We’ve still got the bananas, though. Love our ‘nanas, we do.

  4. Discretion and interpretive rulings should be set aside for the larger questions of: (1) Why are Supreme Court justices political appointments and (2), why are justices appointed for life? This is the root cause of leftwing radicalized presidents using our laws against us, especially when the SC is loaded with liberals. In effect this is dumbing down America and creating a future banana republic. And we’re almost there. Instead of a foundation centered around education and employable job skills, we’re using quick fixes like $15 an hour for burger flippers or creating glassy-eyed activists who want a mosque on every corner and apologize for being white. A good, old-fashioned banana republic revolution, eh? Let the fun begin.

  5. If Hillary is not prosecuted for violating the Espionage Act and still manages to get elected then at that point we know we have a banana republic and not a nation of laws. This is regardless of what the Supreme Court does.

    • Nimrod: Agree, but it started kicking off in high gear when NAFTA/GATT trashed jobs and closed factories. Downhill ever since. Why isn’t Hillary arrested? The evidence proves she should be in jail for years. 1992 is the year we quit voting in any election knowing politicians are globalists. Open borders and Muslim invasion-resettlement agendas should prove that this country has a zero future. Some say a minus zero.

      • I agree. This place is going to turn into the same political and economic situation as China at the rate we are going.

        I tend to think of China as being a sort of global average for a lot of things such as rights, opportunity, corruption, etc. With totally open borders and totally free international “trade”, the US falls toward the average along with everyone else and the average gets even worse. Nobody will be pulling any other country upward if the US becomes politically and economically indistinguishable from China.

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