Federal Judge Find Amnesty Unconstitutional & Obama tells courts

These are two articles from the Washington Times. Links are there for both since I didn't post the whole article.

BREAKING: Federal judge finds Obama amnesty is unconstitutional

A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.

Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said 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.

 “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 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.

Read more: http://www.washingtontimes.com/news/2014/dec/16/judge-finds-obama-amnesty-unconstitutional/#ixzz3M6BKzOc9
Follow us: @washtimes on Twitter

Amnesty fight: Obama admin tells courts they’re powerless to stop executive order

The administration warned a federal judge Monday to stay out of the debate over President Obama’s deportation amnesty, saying decisions about whom to deport fall squarely within the executive’s job description, “which this court lacks authority to review.”

In its first extended legal filing in one of the court challenges to the new amnesty, the Justice Department says courts have long held that an agency’s decision whether or not to prosecute someone or to enforce the law is entitled to “absolute discretion.”

 “Federal courts sit to decide cases and controversies, not to resolve disagreements about policy or politics,” said Joyce R. Branda, the acting assistant attorney general who took the lead on filing the brief.

Read more: http://www.washingtontimes.com/news/2014/dec/16/amnesty-fight-obama-admin-tells-courts-theyre-powe/#ixzz3M6BfeuTh
Follow us: @washtimes on Twitter