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The Supreme Court Will Hear Obama’s Amnesty Case This Year

The U.S. Supreme Court is already scheduled to have an exciting and controversial 2016 case schedule, but things just got even more interesting.

The Washington Times reports:

The Supreme Court has agreed to hear President Obama’s request to restore his deportation amnesty program, the justices announced in an order Tuesday that sets up the biggest showdown over executive powers in this administration.

The justices signaled they are interested in tackling the big questions of executive power, asking the lawyers for both sides to submit briefs on whether Mr. Obama’s amnesty violated the Constitution’s demand that the president “faithfully” execute the laws enacted by Congress. Lower courts have held that Mr. Obama broke procedural and immigration laws in trying to grant work permits, Social Security numbers and three-year stays of deportation to more than 4 million illegal immigrants. But those courts shied away from reaching the major constitutional questions of presidential power.

The justices have sped the amnesty case along in order to hear it this term, meaning a ruling should come by the end of June. If Mr. Obama prevails, it would give him six months to begin implementing his policy, which he hopes will effectively lock it in for his successor.

The President does not have the authority to unilaterally stop the deportation of millions of illegal immigrants. If Obama wants to change the law, he should have to work through Congress. In a nation of checks and balances, the process matters as much as the policy.

The outcome of this case makes the 2016 presidential election especially interesting. If the Supreme Court throws the Constitution out the window and Obama’s amnesty program is upheld, it can simply be overturned by a Republican president.

That’s the inherent risk of unchecked executive power- it’s never who you grant authority to in the moment, it’s the precedent you are setting for leaders down the road. Obama’s own executive power grab may come back to haunt his legacy in a major way if the GOP takes over the Oval Office.

Tom Borelli

Dr. Tom Borelli is a contributor to Conservative Review and is a TV and radio commentator addressing political issues from a conservative grassroots perspective. As a columnist, he has written for ConservativeReview.com, The Washington Times and authored articles for Newsmax magazine. Dr. Borelli is also a regular political panelist on NewsmaxTV and i24 News he also co-hosts radio programs on SiriusXM Patriot with his wife Deneen Borelli. Dr. Borelli appeared on numerous television programs, including the highly ranked Fox News Channel’s “The O’Reilly Factor,” “Hannity,” “The Kelly File," and "America’s News Headquarters." He has also appeared on Fox Business Network’s “Making Money with Charles Payne” and “After the Bell” as well as TheBlaze TV’s "The Glenn Beck Program" and "Dana!" Prior to working for public policy organizations, Dr. Borelli was a managing partner with the investment advisory firm of Action Fund Management, LLC and a portfolio manager for the Free Enterprise Action Fund (FEAF) where he used shareholder activism to challenge corporations that sought to profit from the growth of government. During his 25 years with the Altria Group, Inc., he built a foundation in public policy and issues management, drawing from diverse experiences ranging from basic research to corporate affairs. Dr. Borelli served as science fellow for the U.S. House of Representatives' Committee on Science, Space, and Technology during the 100th Congress. Dr. Borelli has also published scientific papers on interferon and human leukemia.

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