Mnewsletter: Who Makes the Laws of the United States? Congress, Not the President

Statement

Date: Feb. 20, 2015

Dear Friends,

This week U.S. District Judge Andrew Hanen blocked implementation of President Obama's executive actions on immigration, allowing a lawsuit brought by Idaho and 25 other states to proceed.

Still, we in Congress must continue the fight to overturn the president's unconstitutional decision to put 5 million people who came to the U.S. illegally ahead of aspiring immigrants who play by the rules.

Judge Hanen's order temporarily shields the states from being forced to deal with immigrants seeking government services and benefits. As Judge Hanen wrote, "Once these services are provided, there will be no effective way of putting the toothpaste back in the tube."

The judge also affirmed what I've been saying for the last few months: the president's actions violate the basic requirements for notice and comment under the Administrative Procedure Act.

This conflict, however, is far more grave than a policy dispute. The president has abandoned his fundamental constitutional duty to faithfully execute the laws of the United States and usurped the authority of Congress to make law.

I hope the president takes Judge Hanen's order as an opportunity to cancel his actions and restore the separation of powers.

Perhaps the president will take a page from Bill Clinton's book and recognize that the American people spoke in the November election. That would mean sitting down with Congress in good faith to negotiate a lasting legislative solution.

Unfortunately, President Obama seems more interested in politics than policy. But the judicial branch's involvement should be a reminder that he's on very shaky ground.

The president wouldn't get everything he wants from Congress -- blanket amnesty. But we can pass real reform to secure our borders, boost internal enforcement and modernize the visa system. Only a system that drives immigrants into viable avenues for legal entry will end illegal immigration and protect the rule of law.

Flouting core American values must never be tolerated. I'll keep doing everything in my power to preserve, protect and defend our Constitution.


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