By bypassing congress? Obama doesn't want to wait for Congress to act, he will issue an Executive Order abolishing that law. That law Bush passed made it harder to deport people. I know. I know about the law. My gosh, do you think I'm stupid? But if you want it done, DO IT RIGHT.
“The example of such unlimited executive power that must have most impressed the forefathers was the prerogative exercised by King George III. The description of its evils in the Declaration of Independence leads me to doubt that they were creating their new Executive in his image. Continental European examples were no more appealing. And, if we seek instruction from our own times, we can match it only from the executive powers in those governments we disparagingly describe as totalitarian. I cannot accept the view that the clause is a grant in bulk of all conceivable executive power.”
Justice Hugo Black, Majority Opinion, Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
According to Justice Hugo black in that ruling, Executive Orders must:
1) "stem either from an act of Congress or from the Constitution itself.”
and they would stand dubiously if it is
2) “incompatible with the express or implied will of Congress.”
What Obama is doing might be well and good, but it violates legal precedent. It robs Congress of it's ability to make laws to address the situation.
Skylar. I have been studying law, local, state and federal as a hobby for nearly 5 years. I probably know more about the law than you. Don't lecture me about law. Make Congress repeal that law, the president has no power to.