The executive branch is sworn to faithfully administer all laws, defend the constitution, etc.
Originally Posted by Connemara
This happens all the time in Fed/state government. I assume there's a lot of precedent but I don't know for sure.
This happens all the time, legitimately, when law delegates rule-making to an agency. Such as Dodd-Frank delegating Volcker Rule rule-making to Fed/FDIC/OCC. The agencies have discretion.
Unfortunately, this happens often and illegally (by definition), when the administration chooses to change implementation of, or ignore enforcement of laws. He is not the first, but BO has taken this action to new heights with ACA and immigration.
From WSJ: "...Such regulatory rewriting is also probably illegal. The Administration claims it has "enforcement discretion" to suspend the regulations. But like the employer mandate Mr. Obama also delayed for a year, their hard start-dates are defined in the statute—January 1, 2014. The black-letter law of the Affordable Care Act does not say the rules apply whenever they are politically convenient..."
More than anything it is sad. We continue woefully down the path from a nation of laws and free people to a nation where those in power can do as they please and trample on citizens at will.
The constitution was drafted to protect our individual freedoms, but in aggregate the voters of this country are too stupid to realize what they give away at the expense of what they are promised.