Texas Governor elect Greg Abbott is at the forefront of a 17-state effort to sue the Obama administration for its unconstitutional executive action on immigration.
Abbott said Obama’s action strikes at the heart of the Constitution, specifically the “take care clause” in Article 2, Section 3 which states the president “shall take care that the laws be faithfully executed.”
“The President’s unilateral executive action tramples the U.S. Constitution’s Take Care Clause and federal law. The Constitution’s Take Care Clause limits the President’s power and ensures that he will faithfully execute Congress’s laws – not rewrite them under the guise of ‘prosecutorial discretion,’” Abbott said.
“The ability of the president to dispense with laws was specifically considered and unanimously rejected at the Constitutional Convention,” he added.
The Texas Attorney General said the Obama administration has also violated the Administrative Procedure Act.
The law, enacted in 1946, governs the way federal administrative agencies propose and establish regulations. The law was a response to the expanding power of federal agencies created under the New Deal during the Roosevelt administration.
Abbott said the president must go through Congress and the American people before enforcing laws “rather than making them up himself.”
“While the president or his attorneys may have the discretion whether or not to prosecute someone, they don’t have the authority to give rights to people they are not prosecuting and put burdens on other agencies to carry out all these orders so this is, as you know, far from prosecutorial discretion,” he said earlier in the week.
The lawsuit also says Obama’s unconstitutional executive order will “exacerbate the humanitarian crisis along the southern border, which will affect increased state investment in law enforcement, health care and education.”
Other states joining the lawsuit include Alabama, Georgia, Idaho and Indiana.