The United States Constitution - 2240 Words

The United States Constitution is filled to the brim with ambiguous language that people continue to debate the meaning of. There is one thing, however, the document makes very clear: the legislature legislates and the executive executes. Claims that President Obama has abused his power by passing DACA and DAPA completely ignore this fact. In reality, the president, as head of the executive branch, absolutely has the power to use prosecutorial discretion in how he or she executes the laws. The president has long had the power of prosecutorial discretion. According to Rudalevige, the Supreme Court held in the 1985 case Heckler v. Chaney, ‘an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a†¦show more content†¦The court also pointed to other cases where courts have been unwilling to review prosecutorial discretion (Oyez). The judicial branch, therefore, says the executive branch can decide how to enforce and execute t he laws. There is also precedent of the executive using prosecutorial discretion when enforcing immigration policy. One article from the New York Times states, in 1990, President Bush allowed â€Å"1.5 million undocumented spouses and children of immigrants who were in the process of becoming legal permanent residents to stay in the country and obtain work permits† (Davis). According to Davis, DACA and DAPA have only a slightly larger impact than Bush’s decision in 1990—Bush’s decision impacted 40 percent of undocumented immigrants, while Obama’s impacts 45 percent. That being said, this would be a different story if Obama flat out refused to enforce immigration law. However, as Rudalevige points out, Obama did not change or stop enforcing immigration law; he â€Å"set forth who was to be prosecuted first, or rather last† (Rudalevige 45). By doing this, Obama simply decided in which order to prosecute people. This type of discretion is not only constitutional, but also necessary for the executive. When it comes to deporting the millions of illegal immigrants residing in the United States, it would be financially