At this point I feel like I could make a living off writing against Matt Walsh. I’ve yet to come across anything he’s written where I can sit there and go, “This post was substantial, informative, and something I can mostly agree with.” Instead, reading a Matt Walsh post is a lot like trying to chug cheap whiskey; it’s a bad idea and you’re going to regret it. Walsh is the Kardashians of the conservative movement. No one really knows how someone who has done literally nothing became so popular and annoying, there’s just no explanation for either the Kardashians or Walsh. And yet, he persists. His latest ramblings on immigration reform attack President Obama’s executive order as well as the idea of immigration reform, all the while Walsh is proving that he’s not really pro-family, unless your family happens to be American.
First and foremost, someone should alert Walsh to the fact that if you’re going to refer to someone using the poetic apostrophe “O” that it’s spelled “O,” not “oh.” “Oh” is an emotive interjection, such as, “Oh, I was just thinking…” If I want to address someone, I’d say, “O Holiness.” A minor note, but one worth noting. I know of the above because I used to make the same mistake. Thankfully, my English teacher in the tenth grade corrected me.
The biggest complaint that Walsh has with Obama is the use of an executive order. Cutting through all the wording, Walsh’s argument boils down to this: “Obama bypassed Congress and in so doing created the law by fiat, which makes him a tyrant.” I’ll be the first one to admit that I’m not too keen on executive orders. There’s a reason that up until the late 19th century, they were used quite sparingly. Regardless, the last president to have less than 100 executive orders within his term(s) was Chester Arthur (who?), back in 1885. In other words, for 129 years every president has issued at least 100 executive orders. In that timespan, there have only been four presidents who issued less executive orders than Obama (who, to be fair, is halfway into his second term, so that number could go up). Regardless, as far as precedence goes, Obama is pretty low on executive orders. Nixon, Carter, Reagan, and Clinton all sat above 300 executive orders.
Again, while I’m not a fan of executive orders, they’ve been common place for 129 years, they do allow clarification on the role of the executive office in executing a law. Since George Washington – who issued eight executive orders – they’ve been used to explain the internal functions of how any given law ought to be enforced. They give the parameters and to what extent the law will be executed. The very first executive order was issued by Washington declaring that all US citizens had to stay out of the conflict involving England and France; what makes it more amazing is that Washington did this without interpreting any present laws, but rather created the decree because Congress was out of session. In other words, our very first President essentially created a law by fiat and hardly anyone batted an eye at the time. Lincoln suspended habeas corpus without Congress in session in 1861 and Congress didn’t back him until 1863. And let’s not forget possibly the most famous executive order ever issued, the Emancipation Proclamation.
There are multiple examples of presidents, many of whom are considered great presidents, using their executive power to decree laws without Congress in session. In fact, the last few presidents have all issued executive orders dealing with immigration reform. Thus, Obama doing the same – while not necessarily a good thing – isn’t out of line or odd. If it were then Republicans could easily defund the executive order to challenge it in court (as all executive orders can be subjected to judicial review). Republicans already did this with the famous “birth control” executive order. They could attempt it with the order on illegal immigration, but there’s not a lot in the Constitution to show how the executive order is wrong. Thus, contra Walsh, Obama didn’t do anything tyrannical, nor did he break the law, nor did he really do anything wrong from a legal standpoint. Continue reading