This is, perhaps, the simplest and most easily understood argument against acting now to stop the President. Come January, the House of Representatives and the Senate will both be held by the Republican Party. It will, therefore, improve their leverage against the President and his unconstitutional amnesty. So we should wait.
Except . . . well . . . except there are some fundamental problems with the argument.
First and foremost, if Republicans really believe President Obama’s action is unconstitutional, they have sworn an oath to uphold, protect, and defend the constitution. Funding the President’s amnesty plan now will violate that oath. It also establishes the precedent that the GOP is willing to fund illegal or unconstitutional acts of the President.
But there is more than that, and that is substantial in and of itself.
Beyond the funding of unconstitutional actions, if the GOP passes a continuing resolution now that only short term funds the Department of Homeland Security, they will be losing leverage because the only focus next year will be DHS. Right now the GOP can cause the President heartburn through the entirety of government.
Additionally, by waiting, the GOP is further and further removed from the offending action, which will cause both a loss of momentum and a loss of the public’s attention. Further, it is not clear that the GOP’s position in the Senate on the matter will be substantially improved in 2015, even with it gaining the majority.
Lastly, and importantly, if the GOP is not willing to fight right now, they will not fight at all and will instead fund the President and move on. In fact, they are even saying so.
But a GOP majority that has vowed new levels of efficiency in governing is unlikely to allow DHS funding to lapse, meaning that Obama and Democratic leaders will very likely be able to call the Republican bluff.
Remember, in 2013, Republicans said the fight against Obamacare needed to be on the continuing resolution, not the debt ceiling. Once the debt ceiling was extended, the GOP leadership said it needed to fight Obamacare on the next debt ceiling, not on the continuing resolution. When Cruz and Lee and Bridenstine et al held their ground, Republican Leaders used the “wrong fight” mantra and said they needed to use the debt ceiling to stop Obamacare.
Once the government reopened, the GOP also gave the President a blank check on the debt ceiling while doing nothing on Obamacare.
Republican leaders are already signaling they are moving on. They will not fight on amnesty. They are moving the goal posts. So if the Republican Party will not stop the President now, with the continuing resolution, they will both be funding an action they claim is unconstitutional and also setting up a 2015 agenda that quickly moves past the issue without doing anything.
In other words, it is now or never. If you do not make your voice heard immediately, the GOP will move on doing nothing to stop the President.