releases: https://brooks.house.gov/media-center/news-releases/federal-judge-declares-obamas-amnesty-unconstitutional-opposition
Data license: MIT · Data source: dwillis/congress-press
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| https://brooks.house.gov/media-center/news-releases/federal-judge-declares-obamas-amnesty-unconstitutional-opposition | Federal Judge Declares Obama's Amnesty Unconstitutional, Opposition to Executive Action Rising | 2014-12-17 | 2014 | 2014-12 | Republican | House | AL | Mo Brooks | B001274 | brooks.house.gov | legacy | Washington, D.C.U.S. District Court Judge Arthur Schwab, sitting on the U.S. District Court for the Western District of Pennsylvania, this week entered an order declaring that President Obama's prosecutorial discretion executive amnesty order is unconstitutional. Judge Schwab stated, President Obama's unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional. Brooks stated, In America, the judicial branch has the constitutional authority and duty to determine the lawfulness of a president's executive action. Although this ruling is subject to appeal and has no immediate effect on executive amnesty for illegal aliens, it is reassuring, from a constitutional standpoint, that the first federal judge to rule on this issue recognizes the illegality and unconstitutional nature of President Obama's actions. Brooks added, America's founding fathers insisted on a system of checks and balances, a separation of powers, that prevents one branch of government from becoming too powerful or dictatorial. In this case, the executive branch's action to change the law'to use President Obama'swordsis a direct and unconstitutional subversion of powers expressly delegated to Congress by the United States Constitution. While this Administration systematically seeks to undermine anyone and any part of government that stands in its way, it is important that those who support the rule of law continue to stand and defend constitutional order. Brooks concluded, I believe this court's opinion is a harbinger of what lies ahead for the President's transgressions against the Constitution. I'm hopeful that thelawsuitfiled by 24 states, including Alabama, will result in a restoration of constitutional balance in our government. The health of our constitutional republic is at stake. The text of the opinion can be foundhere. ### | 1 | 2026-03-30T12:14:52Z | 2026-03-30T12:14:52Z |