The National Constitution
Center’s constitutional literacy adviser, Lyle Denniston, explains how a
federal judge’s ruling in Pittsburgh about President Obama’s
immigration orders could be a sign of things to come.
THE STATEMENTS AT ISSUE:
“[President Obama’s] Executive
Action crosses the line, constitutes legislation, and effectively
changes the United States’ immigration policy. The President may only
‘take Care that the Laws be faithfully executed…’; he may not take any
Executive Action that creates laws….President Obama’s unilateral
legislative action violates the separation of powers provided for in the
United States Constitution as well as the Take Care Clause, and
therefore, is unconstitutional.”
– Excerpts from a ruling Tuesday by a federal judge in Pittsburgh,
Arthur J. Schwab, declaring that the President had no constitutional
authority to act on his own to order delays of deportation for more than
4 million undocumented immigrants. This was the first court ruling on
the validity of the November announcement of the sweeping new
immigration regulations.
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