We can now see before us a persistent pattern of disregard for the powers of the legislative branch in favor of administrative decision-making without—and often in spite of—congressional action. This violates the spirit—and potentially the letter—of the Constitution’s separation of the legislative and executive powers of Congress and the President.

An Imperial Presidency

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The United States was born when rebellious colonists declared their independence from an imperial ruler who had vastly overstepped his bounds. “The history of the present King of Great Britain is a history of repeated injuries and usurpations,all having in direct object the establishment of an absolute Tyranny over these States,” they wrote in their Declaration of Independence.

Today’s presidency lacks the regal air of George III. But imperialism is back,in a big way.

Last week,the Obama Administration’s Department of Homeland Security issued a memorandum instructing U.S. immigration officials to use their “prosecutorial discretion” to create a policy scheme contrary to existing law,designed to implement legislation that Congress hasn’t passed.

The President himself has admitted he doesn’t have the authority to do this. “The idea of doing things on my own is very tempting,I promise you,not just on immigration reform. But that’s not how our system works,” he told Hispanic activists last year. “That’s not how our democracy functions.”
Indeed.

We can now see before us a persistent pattern of disregard for the powers of the legislative branch in favor of administrative decision-making without—and often in spite of—congressional action. This violates the spirit—and potentially the letter—of the Constitution’s separation of the legislative and executive powers of Congress and the President.

Read More at heritage.org. By Matthew Spalding.