This measure (House Resolution 639) would authorize the speaker of the house to appear as an amicus curiae (aka “friend of the court”) in the case of United States, et al. v. Texas, et al., “and to file a brief in support of the position that the [Obama administration has] acted in a manner that is not consistent with [its] duties under the Constitution and laws of the United States.” This case was brought by 26 states against the Obama administration for its November 2014 executive actions that would defer deportation and provide work permits for illegal immigrants. Representative Ted Poe (R-Texas) explained the essence of the case in a speech in the House of Representatives on March 17, 2016: “This unprecedented, unilateral action by the executive branch was a nullification of immigration law of the United States. And it was not done by Congress. It was done by administrative edict that came from the White House….So what value is the law or the Constitution if the executive, who is supposed to enforce the law — not make it, as we all learned in ninth grade civics — sends out a memo saying it will no longer enforce the law?”
The House adopted H. Res. 639 on March 17, 2016 by a vote of 234 to 186(Roll Call 129). We have assigned pluses to the yeas because it is constitutionally exemplary for the House of Representatives to take legal action to uphold Congress’ sole authority to legislate regarding naturalization and to make the point that the executive branch has the duty to enforce the laws made by Congress.
