[Ed. – A very important read, making excellent points about the respect Trump has shown for constitutional process by shedding Obama’s executive overreach — without replacing it with Trumpian overreach.]
Relitigating the past is often a waste of time. Fixing it is less so. There might be wide-ranging support for the Deferred Action for Childhood Arrivals program, or DACA, but it was an obvious way to bypass process. Even President Obama, perhaps fearing legal challenges, called DACA “a temporary stopgap” when he first announced it. Trump might end up stepping back from rescinding DACA, but relinquishing power and tasking Congress with the job of substantively changing immigration policy would comport with norms of American governance. Unilaterally doing so would not.
You might also be a fan of the Paris climate accord, but presidents have no business entering into faux treaties of great substance without Senate approval. I have been told many times that the accord is the most crucial international deal the world has ever known. Yet somehow it wasn’t important enough to be subjected to the traditional checks and balances of American governance either. Global warming, explained Obama in 2013, “does not pause for partisan gridlock.” He might have well have said, “My preferred partisan policy positions should not have to pause for the Constitution.”