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Why Obama's Immigration Action Is Legal

By Danny Vinik, The New Republic - November 19, 2014

On Tuesday, the Associated Press reported that two previous Republican presidents—Ronald Reagan and George H.W. Bush—had taken unilateral action to protect undocumented immigrants from deportation, and the political reaction was much less vitriolic than what Obama has faced as he prepares to make a similar move. Conservatives, notably The Atlantic's David Frum and National Review's Mark Krikorian, quickly pushed back. Frum argues that, while legal, Obama’s upcoming executive action would be an unprecedented violation of political norms. Krikorian goes further, calling it "Caesarism, pure and simple." But in the end, though they difference in their vehemence, both Krikorian and Frum’s analyses do more to reveal the flaws in the conservative position than prove the lawlessness of Obama’s upcoming action.

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