Executive Powers Essay

The executive powers of a president often skip a check from Congress, but are still
constitutional. In 2015, Pew Research found that there are 11.3 million illegal aliens in the
United States. To address this problem, President Obama performed his role of commander in
chief to issue an executive order giving work permits to illegal immigrants who have children
that are legal residents of the US in November of 2014 (Chemerinsky). The Constitution grants
President Obama the power to make sure laws are executed efficiently and to grant pardons
therefore making his executive order, and previous ones like it, constitutional.
The Founding Fathers of the United States wrote the Constitution to give the president
the power to issue executive orders like President Obamas. Article 2 Section 3 of the
Constitution states, he shall take care that the laws be faithfully executed (Document A). This
means that the president has the authority to adjust laws that Congress passes to carry out their
intended purpose. Currently, anyone who is in the US without authorization is in violation of the
Immigration and Nationality Act and is subject to deportation. However, it is near impossible for
the US to deport the 11 million illegal immigrants living in America today (Passel and
Krogstad). The executive order issued by President Obama would restrict who would need to be
deported to have officials focus their attention on deporting dangerous immigrants. It would also
make sure families would not be separated and allow officials to be more efficient in performing
their jobs (Chemerinsky). The executive order was made to make sure the Immigration and
Nationality Act would be faithfully executed and is, therefore, constitutional.
The Constitution also gives the president the role of commander in chief, the role that
President Obama performs while executing the executive order. Article 2 Section 2 of the
Constitution says the president, shall have power to grant reprieves and pardons for offenses

against the United States, except in cases of impeachment (Document A). This clause gives the
president power to grant amnesty for those who have broken the law. In his executive order,
Obama gives immigrants who have children that are legal residents of the US a pardon for
violating the Immigration and Nationality Act. This is well within his power granted to him
through his commander in chief powers in the Constitution. Additionally, in United States v
Arizona, the Supreme Court ruled that only the executive branch could decide whether or not to
deport illegal immigrants; further showing that it is in President Obamas power to grant pardons
to select illegal immigrants in his executive order (Oyez).
Like President Obama, other presidents have realized their constitutional power to
regulate immigration. In 1987, President Ronald Reagan passed the Immigration Control and
Reform Act, which legalized illegal immigrants who entered the US before 1982 and were not
guilty of any crimes. Later that year, Reagan announced the Family Fairness executive action
that deferred deportation for children living with two parents who were either legal or legalizing
(Desilver). Following Reagan, President George H. W. Bush expanded the Family Fairness
policy to all previously ineligible spouses and children of legal or legalizing family members
(Desilver). It is crucial for presidents to be able to continue to pass executive actions like Obama,
Bush, and Reagan because of what James Madison, also known as the Father of the
Constitution says in Federalist 48. Madison writes, the most difficult task is to provide some
practical security for each, against the invasion of others (Document B). Madison explains
that even though all branches of government are supposed to be equal, it is easy for one to gain
power and have a greater influence on policy. To prevent this, securities like executive orders are
deemed constitutional so that the president has a way to implement policy while not going
through Congress. Therefore, if Bush and Reagans executive actions were said to be

constitutional, Obamas should be as well to help him protect his right as president to have a
defense against the legislative branch.
The constitutionality of Obamas executive order on immigration should not be
questioned. The executive order was made to efficiently carry out the Immigration and
Nationality Act, which follows the take care clause of the Constitution. President Obama also
merely performs his role as commander in chief granted to him by the Constitution by giving
pardons to undocumented immigrants. Similarly, both Presidents Reagan and Bush have made
executive orders granting pardons to illegal aliens that have not been legally challenged. The two
presidents executive actions coincide with the belief that each branch of government should
have their own protection against the other branches, showing that Obama has the right to pass
his executive order. Now, the Supreme Court needs to rule in favor of Obamas executive order
in the appeal of United States v. Texas to set a precedent that all future presidents will be able to
utilize their role as commander in chief and executive powers while granting amnesty to illegal
immigrants (National Constitution Center).