DOJ Invokes Separation-of-Powers As It Seeks to Unblock Obama's Executive Amnesty

cnsnews.com ^ | 3/13/15 | Susan Jones

[cotton1706]

The Justice Department, in an "emergency motion" filed on Thursday, asked a federal appeals court to suspend a lower court's injunction "interfering with immigration enforcement."

The injunction, imposed last month by a U.S. District Court in Texas at the behest of 26 states, "offends basic separation-of-powers and federalism principles and impinges on core Executive functions," DOJ argued.

"The lower court's order is unprecedented and wrong," said the Justice Department's request for an emergency stay, filed with the Fifth Circuit Court of Appeals on Thursday.

"The Constitution does not entitle States to intrude into the uniquely federal domain of immigration enforcement. Yet the district court has taken the extraordinary step of allowing a State to override the United States’ exercise of its enforcement discretion in the immigration laws."

Critics of President Obama's executive amnesty have used the same separation-of-powers argument against the president. They note that the Constitution does not allow the president to make immigration law.

[cotton1706]

When the Executive steps over the line to seize Legislative power, why that's perfectly ok.

But when the states supposedly seize Executive power, well that makes them VERY UPSET!

[Diogenesis]

In the US, all Courts (except the Supreme Court)
come from Congress ... not the Executive Branch.

Not sure what it is in Obola’s Indonesia.

Not sure why Obola’s Indonesian laws are valid
in the USA.

[oldbrowser]

When the Executive steps over the line to seize Legislative power, why that's perfectly ok.
But when the states supposedly seize Executive power, well that makes them VERY UPSET!

The executive, the courts, the states, notice who is missing in this power struggle?

The legislature.

[CPT Clay]

Where was Separation of Powers when fighting executive amnesty?

[GOPJ]

Obama and Holder are thugs...

[drypowder]

Bonehead, McConnell and the democrats obviously agree that obozo is their king and maybe a few others in DC as does most of those on welfare, but that's as far as it goes.

[dila813]

Sounds exactly the same argument made against Arizona a few years back. Did they just dust it off and edit the documents?

[BenLurkin]

This nation is in the grips of a Constitutional crisis.

[Georgia Girl 2]

Well I wish the DOJ good luck with that one since there is no immigration enforcement.

[bgill]

They won’t have the guts to see it through after a few get blackmailed.