Tuesday, December 16th, 2014, While hearing a deportation case, a Federal judge issued a memo stating his opinion that recent Executive Orders issued by President Obama related to immigration are unconstitutional. This memo cannot overrule said Executive Orders, but it sends a strong message as to the opinions of the courts on the matte
Jude Arthur Schwab referenced powers this President assumed that rightly and Constitutionally belong solely to Congress. In what the judge called a “blatant” overstepping of boundaries on the part of this President, he stated in the strongest terms that no POTUS had the right to take the sweeping action Obama did.
Several lawsuits related to recent amnesty Executive Orders are currently working through the judicial system. This memo may be indicative as to how future judges will rule in those cases. Many are considering this a victory for the GOP and, in fact, for the U.S. as a whole.
The Washington Times reports that the judge said, “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.”
The Times also reported that, “[T]he 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.”
While admitting that broad “prosecutorial discretion” does exist for the President, this judge indicated he believed Obama was actually attempting to write law with his most recent Executive Orders related to amnesty.
No one who routinely disagrees with this President is surprised by this ruling, because it isn’t the first time he has attempted to unilaterally write law. By frequently amending Obamacare with his “phone” and “pen”, he has effectively taken for himself the legislative power that the Constitution vested in the Congress alone. One can hope this Judge has set a precedent in this matter.
H/T: Conservative Tribune