A federal court in Pennsylvania has declared aspects of President Obama’s use of executive orders to change immigration laws in America an unconstitutional violation of the concept of separation of powers.
The case pertained to one particular illegal immigrant deportation, but could provide a framework for two-dozen other states who have filed suit against Obama’s immigration reform policies.
Via the Washington Times:
Judge Arthur J. Schwab, sitting in the Western District of Pennsylvania, said Mr. Obama has some discretion in how to enforce laws, but by setting out a comprehensive system to grant tentative legal status to as many as 5 million illegal immigrants, the president has strayed into trying to write the laws, which is a power reserved for Congress.
“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.
Schwab also repeatedly used Obama’s own words against him, listing the numerous times the President himself claimed his actions would violate the laws placed on the books by Congress.
Is Judge Schwab right? Is Obama’s attempts to re-write laws he disagrees with a violation of the Constitution?