John Yoo, Deferred Action, and the Take Care Clause

Berkeley's John Yoo has released a working paper on SSRN that contends that President Obama's executive order that effectively suspends deportation for certain illegally resident aliens violates his constitutional obligation to "take Care that the Laws be faithfully executed."  Yoo makes a persuasive case for this proposition, but the problem remains that this obligation is enforceable only through political measures.  

Comments

[Adam Rosen]

I have not yet read Professor Yoo's paper, but the premise as paraphrased here presupposes that the decision to remove or not is always executed once to statutory requirements are satisfied.

The question, which I look forward to seeing addressed by Professor Yoo, is twofold-one, how is this decision not a "faithful" execution and two, why if DACA violates this clause would not any other broad-based decision to not initiate removal proceedings be any different (and let's be clear that are other classes for other reasons that are not subjected to removal).

I offer these thoughts based on my own experience as an immigration law practitioner for about a decade.

[Anon]

At least the messenger has a spotless record of prior service to the executoive branch, so that his word on the limit of executive power is unimpeachable.....