Yet thanks to a political system that has crowned district judges the kings of our society, the very underpinnings of the self-governing nation established in the Declaration of Independence have now been abandoned. We have district judges who can unilaterally make denizens of aliens – the power of a king, according to Alexander Hamilton in Federalist #69.The relevant section of Federalist 69 is about why a president is preferable to a king.
The President of the United States would be an officer elected by the people for FOUR years; the king of Great Britain is a perpetual and HEREDITARY prince. The one would be amenable to personal punishment and disgrace; the person of the other is sacred and inviolable. The one would have a QUALIFIED negative upon the acts of the legislative body; the other has an ABSOLUTE negative. The one would have a right to command the military and naval forces of the nation; the other, in addition to this right, possesses that of DECLARING war, and of RAISING and REGULATING fleets and armies by his own authority. The one would have a concurrent power with a branch of the legislature in the formation of treaties; the other is the SOLE POSSESSOR of the power of making treaties. The one would have a like concurrent authority in appointing to offices; the other is the sole author of all appointments. The one can confer no privileges whatever; the other can make denizens of aliens, noblemen of commoners; can erect corporations with all the rights incident to corporate bodies. The one can prescribe no rules concerning the commerce or currency of the nation; the other is in several respects the arbiter of commerce, and in this capacity can establish markets and fairs, can regulate weights and measures, can lay embargoes for a limited time, can coin money, can authorize or prohibit the circulation of foreign coin. The one has no particle of spiritual jurisdiction; the other is the supreme head and governor of the national church! What answer shall we give to those who would persuade us that things so unlike resemble each other? The same that ought to be given to those who tell us that a government, the whole power of which would be in the hands of the elective and periodical servants of the people, is an aristocracy, a monarchy, and a despotism.I've highlighted three areas in which we've gone astray.
1) The Iran Deal was a treaty governing nuclear weapons that was effected without any input from the legislature -- the Corker-Cardin bill set up a means for Congress to express disapproval, but Democrats in the Senate filibustered a vote, so no vote was ever taken on approval or disapproval. The 2/3rds majority consent, required by the language of the Constitution, wasn't seriously considered as a standard the Obama administration would attempt to meet.
2) The 'denizens of aliens' was the intent of DACA. The courts are merely affirming Obama's right to rule as king, such that his successor by democratic election may not undo his fiat.
3) At this point most of the regulations on commerce originate in the executive. At some point the legislature consented to the delegation of its authority to the executive, and now most things affecting commerce that have the force of law are created undemocratically by the executive bureaucracy.
Serious problems, all, and it's just one paragraph of one of the Federalist papers.
UPDATE:
Oh, and as for the power of declaring war, Obama's actions in Libya never once passed any sort of 'by your leave' by Congress.


