Federal Court strikes Down Obamas Executive Order on Delaying Deportation of 4-5 million

In a victory for the separation of powers doctrine in the U.S. Constitution, a U.S. District Court invalidated the Obama administration's executive order regarding delayed deportation of around 5 million aliens.  Yes, the President has discretion in how to enforce the law, and can fill in small gaps until Congress acts, but this is an act of national policy-making which by Art I of the Constitution is granted only to Congress.  The President's duty, under Article II is to enforce the law, not make it.  See portions of the Constitution below:

"Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States

 

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America."

Unfortunately, the court rested its ruling on a federal statute, the Administrative Procedure Act.  The administration obviously violated the Act:  According to the excellent S.Ct. website SCOTUDBLOG:

"The states, in suing over both the new program and the expansion of the 2012 arrangements, had made two broad claims: a constitutional claim, that the president and other officials had failed to “faithfully execute” the laws, as Article II requires, and a claim that government officials put the changes into effect without approval by Congress and without following the proper procedures.
Judge Hanen ruled only on the procedural point, finding that the new policy was implemented in violation of the Administrative Procedure Act, which requires the government to seek public reaction before implementing a new policy or program.  He rejected the government’s argument that the program was solely a result of the exercise of enforcement discretion that was not subject to review by the courts and did not have to go through the APA procedures."

The feds will appeal. Stay tuned.  Some court along the line needs to rule on the constitutionality of such actions.