Pennsylvania has found parts of President Obama’s new
deportation amnesty to be unconstitutional, and he issued a scathing memo ccusing him of usurping Congress’s power to make laws, and dismantling most of
the White House’s legal reasoning for circumventing
presidents do have powers to use discretion in deciding how
to enforce the law, but said Mr. Obama’s new policy goes well beyond that,
setting up a full system for granting legal protections to broad groups of individuals.
He said Mr. Obama writing laws — a power that’s reserved for Congress, not the
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,” Judge Schwab wrote.
The judge also said the policy allows illegal immigrants “to obtain substantive rights.”
The memo came as part of a [one single] deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.
A federal judge in Washington, D.C., will hear one of those
challenges in oral arguments next week, and a similar case is proceeding in
to keep families together, it is not so easy to undo his policy.”
And the judge repeatedly used Mr. Obama’s own words against
him, listing some of the times the president had previously said he didn’t have
the power to take the exact actions he has now taken.