OBAMAgration: In Immigration Case, Supreme Court Takes an Interest in ‘Take Care’ Clause

When the U.S. Supreme Court considers the legality of President Barack Obama‘s plan to allow millions of illegal immigrants to remain in U.S. and obtain work permits, it will also weigh the meaning and purpose of a constitutional clause with a funny name that few courts have interpreted.

The president’s duty to “take Care that the Laws be faithfully executed” appears in Article II, Section 3 of the U.S. Constitution. It is known as the Take Care Clause.

The lawsuit before the high court was filed by Texas and 25 other largely Republican-led states and seeks to block President Obama’s immigration program, known as the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA. The states say the program flies in the face of the Take Care Clause.

The lawsuit also points to alleged violations of the Administrative Procedure Act, a federal law that governs the process by which administrative agencies propose and establish regulations.

Jeff Malet/Newscom/Zuma Press

Neither the Supreme Court nor the lower federal courts have addressed the bounds of the Take Care Clause squarely, the Justice Department’s Office of Legal Counsel noted in a memo blessing the legality of Mr. Obama’s immigration program.

In February, a federal district judge blocked the DAPA program for the duration of the lawsuit, finding that the states were likely to win on one of their claims under the Administrative Procedure Act. The Obama administration appealed to the Fifth U.S. Circuit Court of Appeals, lost and then petitioned the U.S. Supreme Court for review. The Fifth Circuit declined to consider the constitutional issue.

On Tuesday, the U.S. Supreme Court specifically asked for legal briefs and arguments on whether the president’s plan violates the Take Care Clause.

Read the rest of the story HERE, follow a link to a related story, and view a related video below:

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