Obama’s executive action on immigration blocked

Daily News Article - November 12, 2015


NOTE TO STUDENTS: This is a controversial issue for many Americans. Be polite to those with whom you disagree when discussing these types of issues and always give the other person a chance to explain his/her point of view. Also, learn how to recognize when it is no longer productive to discuss an issue on which you strongly disagree.

1. a) Define executive action.
b) What executive action did President Obama take on immigration?

2. Why did Texas and 25 other states challenge the President’s executive action?

3. What does White House spokesman Josh Earnest say the case is about?

4. What argument did the Obama administration use to challenge the district court’s ruling in the higher 5th Circuit Court of Appeals?

5. Why won’t those who would be protected from deportation under DAPA not be affected by the Obama administration’s loss in the Court of Appeals?

6. The dissenting judge in the 5th Circuit Court wrote, ”Although there are approximately 11.3 million removable aliens in this country today, for the last several years Congress has provided the Department of Homeland Security with only enough resources to remove approximately 400,000 of those aliens per year.”
How many illegal immigrants did the Obama administration remove in the last year?

7. Name the three branches of government; what is the role of each under the Constitution?

8. Democratic presidential front-runner Hillary Clinton promised in May that if elected, she would expand President Obama's executive actions if Congress does not overhaul U.S. immigration laws. Many of the Republican presidential candidates have said they would end President Obama’s executive action on immigration and instead enforce existing immigration laws. Front-runner Donald Trump says he’ll build a fence (and make Mexico pay for it).
Ask a parent: With which party’s position on illegal immigration do you agree? Why?   NOTE: Many people prefer to keep their opinions on controversial issues private. This answer is not for class discussion.

CHALLENGE:   On Executive Orders (from wikipedia):

There is no constitutional provision nor statute that explicitly permits executive orders. The term executive power Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5 or face impeachment.

Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties, the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.

An executive order of the president must find support in the Constitution, either in a clause granting the president specific power, or by a delegation of power by Congress to the president.

Considering this, do you think President Obama has the Constitutional authority to bypass Congress to issue executive actions on immigration?  Explain your answer.