Saturday, June 16, 2012

Lone ranger challenges Obama immigration fiat

'I don't need Congress to defend the Constitution'

AMES, Iowa – Rep. Steve King, R-Iowa, told WND that he plans to file a motion in federal court to block the Obama administration from implementing a controversial executive order announced this week excluding many young illegal immigrants from deportation.

The order is aimed at illegals who were brought to the U.S. before they turned 16 years old and are currently younger than 30. The president says it’s unfair to punish those young people for decisions their parents made and argues those young adults are already contributing to society.

But King says Obama’s move defies the U.S. Constitution by attempting to create new laws via executive order after the DREAM Act, a bill that would have similarly granted benefits to young illegal aliens, failed to pass Congress.

“I don’t need Congress to defend the Constitution,” King said, indicating he was open to others in Congress joining him, but that he planned to proceed, alone if he must.

“Barack Obama’s executive order defies the will of the American people,” he explained. “Congress has considered and refused to pass the DREAM Act.”

King told WND that he has a team of lawyers working through thorny legal problems, including venue – in which court he should choose to file the action – and standing, the argument that this is a case that allows King to bring legal action in the first place.

“Obama has directly challenged the separation of powers, a principle fundamental to the Constitution,” King said. “If we stand by and allow Obama to succeed, we might as well get out a black pen and start marking out those parts of the Constitution Obama finds offensive to him.”

King noted that Obama’s statute disregards existing federal law that demands illegal immigrants be apprehended and deported, regardless of the age at which they came to the United States or if they have graduated from high school.

He also pointed out Obama’s speech in March last year, when Obama said he did not have the authority to do what he just did.

“I intend to file a legal action in the courts as soon as possible,” King stressed, “before Obama has a chance to do even more damage to the Constitution.”

King’s fellow elected official, Sen. Chuck Grassley, R-Iowa, also questioned the president’s authority to ignore immigration law and grant a form of soft amnesty to what some news sources have estimated is roughly 800,000 illegal aliens.

In a statement, Grassley said that Obama’s action is “an affront to the process of representative government by circumventing Congress and with a directive he may not have the authority to execute.”

“The president once denied that he had the legal authority to do this, and Congress was assured more than once that the administration would consider individuals for this sort of deferred status on a case-by-case basis only, and that there was no plan to implement a broad-based program,” Grassley said. “It seems the president has put election-year politics above responsible policies.”

King is locked in one of the most highly visible congressional contests in America, with his Democratic opponent being Christine Vilsack, wife of former Iowa Governor and current Secretary of Agriculture Tom Vilsack.

Though King represents a Republican-leaning district, major Democrat donors have targeted the congressman for toppling by backing Iowa’s former first lady, including Hollywood producer Norman Lear, Jonathan Soros, son of billionaire financier George Soros, Obama advisor David Axelrod, super-lobbyist Steve Elmendorf and New Hampshire yogurt company CEO Gary Hirshberg, as well as major political action committees, like EMILY’s List, the influential Washington, D.C.-based organization that boosts Democratic women who support abortion rights, and CREDO SuperPAC, which boasts it has donated over $70 million since 1985 for “social change” causes like Greenpeace, Planned Parenthood and the homosexual lobby.

King, a favorite among tea partiers in Iowa as well as nation rallies, has a long history of duking it out with the Vilsack family, extending back to the 1990s, when he and Tom Vilsack both served in the Iowa State Senate.

Then in 1999, while King was still an Iowa state senator, he brought a successful lawsuit in state court against then-Governor Vilsack, who had decreed by executive order that state government offices would not discriminate against homosexual and transgender individuals in employment decisions.

A judge in 2000 ruled that Vilsack had indeed exceeded his authority in issuing the order, a result similar to what King hopes to see in his challenge of Obama’s executive order.

“It’s a very, very similar case,” King told the Des Moines Register.

An earlier WND interview with King, in which the congressman asserted he was preparing to take legal action against Obama’s executive order, can be heard below:

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