Obama’s “executive action” is clearly legislating, because it sets up a system covering broad categories with detailed requirements. It confers benefits like the right to work. A decision not to prosecute applies to an “adjudication” of an individual defendant. Creating rules for broad categories is legislating. Prosecutorial discretion is adjudicatory, that is, deciding particular cases one by one. wnd/2014/11/sheriff-joe-pulls-legal-trigger-on-os-amnesty/
Posted on: Sat, 22 Nov 2014 05:57:37 +0000