A federal judge in Pennsylvania has released an opinion in a case of a deported illegal alien who returned to the U.S. that appears to torpedo the amnesty plan President Obama announced Nov. 20 and implemented through memos to government officials, ruling it unconstitutional.
“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,” said U.S. District Judge Arthur J. Schwab.
The judge noted Obama “contended that although legislation is the most appropriate course of action to solve the immigration debate, his executive action was necessary because of Congress’s failure to pass legislation, acceptable to him, in this regard.”
“This proposition is arbitrary and does not negate the requirement that the November 20, 2014, executive action be lawfully within the president’s executive authority,” the judge wrote. “It is not.”
Quoting from a previous precedent, the just said that in the “framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.”
“The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad,” Schwab said.
Read more at http://www.wnd.com/2014/12/federal-judge-obamas-amnesty-unconstitutional/
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