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There is high anxiety over President Obama’s impending unilateral amnesty order for millions of illegal aliens. How many millions? The estimates vary. On the low end, 3 to 8 million, assuming some correlation to the potential beneficiaries of the president’s already existing amnesty decrees (including DACA or Deferred Action on Childhood Arrivals). On the high end, as many as 9 to 34 million, factoring in likely categorical expansions of amnesty and their ramifications over the next several years.The anxiety stems from a remorseless truth that no one — most especially Mr. Obama’s most ardent detractors — wants to confront. It is the truth I have addressed, to much groaning and teeth-gnashing, in Faithless Execution, my recent book on presidential lawlessness.It is this: The nation overwhelmingly objects to Obama’s immigration lawlessness, but it has no stomach for the only effective counter to it — the plausible threat of impeachment.
Thus, fully within his constitutional authority, President Obama could, right this minute and without any congressional approval, pardon every illegal alien in the United States — indeed, every illegal alien anywhere who has been deported after violating federal law. He could do it by executive order and, while outrageous and condemnable, it would indisputably be within his Article II power. (As I have been pointing out since before Obama’s 2008 election, his longtime friendship with former terrorist Bill Ayers is rooted in their shared radical notions about the American criminal-justice system — which Ayers, in a book Obama gushingly endorsed, condemned as the racist equivalent of Apartheid South Africa. If I were in Congress right now, I’d be asking the Justice Department a lot of questions about preparations for pardons in Obama’s last two years. If you’re a convict not named Dinesh D’Souza or Nakoula Basseley Nakoula, I imagine you’ve got a shot.)