Wednesday, January 20, 2016

Does the president's deferred action immigration policy violate the "take care clause" of the U.S. Constitution?

Or does the executive action fall within the president's ability to implement the law as he see fit? This is classic checks and balances:

For more on the specific actions:

- Wikipedia: Deferred Action for Childhood Arrivals.
- Wikipedia: Deferred Action for Parents of Americans.

Here is the Take Care Clause in context: 

Section Three: He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

For more on the clause.

- Heritage Foundation: Take Care Clause.

The case is United States v Texas. Oral arguments are

Here are the four issues presented to the court by the case:

(1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the Secretary of Homeland Security’s guidance seeking to establish a process for considering deferred action for certain aliens because it will lead to more aliens having deferred action;
(2) whether the guidance is arbitrary and capricious or otherwise not in accordance with law;
(3) whether the guidance was subject to the APA’s notice-and-comment procedures; and
(4) whether the guidance violates the Take Care Clause of the Constitution, Article II, section 3.

For more:

- Scotusblog: United States v. Texas.
- Washington Post: Supreme Court to review Obama’s power on deportation policy.
- Slate: John Roberts’ Worst Judicial Nightmare.