The Patriot Post® · Judge Declares Obama Amnesty Unconstitutional

Judge Arthur J. Schwab, nominated by George W. Bush, found parts of Barack Obama’s amnesty action unconstitutional Tuesday, writing that the president not only exceeded his own authority but usurped congressional power. “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 said, though his opinion isn’t legally binding, as the case was simply one immigrant’s deportation hearing. Schwab also found Obama’s action goes far beyond prosecutorial discretion because it “provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based on arbitrary classifications, rather than case-by-case examinations.” Furthermore, Schwab wrote, it grants “substantive rights” to these individuals. It’s also important to note that there is no actual executive order – only a series of memos. Perhaps Obama knew an order wouldn’t survive a legal challenge and instead buried his mandate. Will higher courts do what congressional Republicans so far seem unwilling to do? More…