Magazine December 22, 2014, Issue

Obama’s Unconstitutional Corner

His own Justice Department has provided an argument against him

There’s good news and bad news about President Obama’s immigration executive action. The bad news first. He brazenly expanded the size and scope of prosecutorial discretion in an unprecedented executive power grab. But there is a silver lining: In justifying the reach of the policy, his own Justice Department imposed important constitutional limits on executive power.

If we take seriously the DOJ Office of Legal Counsel’s 33-page memorandum spelling out what the president may and may not do under the auspices of prosecutorial discretion, it becomes evident that Obama’s executive action on immigration, as well as his unilateral waivers of provisions

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In This Issue

Articles

Politics & Policy

The New Overseer

In October of 1990, Senator Alan Simpson, the Republican whip, emerged from an all-night negotiating session with his House counterparts on a series of clean-air regulations. What insights had he ...
Politics & Policy

Five Kinds of Diversity

Recently, Students for Fair Admissions, a new nonprofit organization, filed a lawsuit alleging that Harvard University discriminates against Asian-American applicants. Every year, Harvard admits roughly the same proportion of white, ...

Features

Books, Arts & Manners

Politics & Policy

High Culture vs. Justice

Alexander Lee’s well-researched, nicely written, pleasantly illustrated book on the Italian Renaissance — especially the Florentine Renaissance — makes a very useful if not very original argument: The glorious products ...

Sections

Politics & Policy

The Week

‐ Doesn’t Al Sharpton realize that all the government spending he advocates will only increase his taxes? Oh, wait . . . ‐ Some of us tried to warn the Obama ...
Athwart

A Regular Riot

I lived in a D.C. neighborhood that experienced a spontaneous civilian-assisted property-redistribution episode, a.k.a. a riot. In the fall of 1991, a black female cop shot a Hispanic male, an ...
The Long View

The December 2014 SkyMall Catalogue

From Pages 12–18 of the December 2014  SkyMall™ Catalogue Holiday Gifts for the Congressional Staffer in Your Life! *     *     * The NoRegrets™ mobile-phone case slips easily on your iPhone or Samsung Galaxy ...
Politics & Policy

Poetry

POET’S NOCTURNE Should one happen upon the darkness with confidence, in familiar circumstance, there will be no place for emptiness, for heartfelt fear of loss from the old bones of imagination never fully laid to rest. ...
Politics & Policy

Letters

Daft? Partly In the December 8 issue, Henry Olsen (“A Victory to Last”) attributes the Republicans’ losses in the 1948 election to their passage of the Taft-Hartley Act the previous year. ...

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