杰克·比尔曼教授 Cited in Court Decision Blocking President Obama’s Executive Action on Immigration
在联邦移民案的反对意见中引用了行政法条款。
“国会政府,” a 2006 paper by Harry Elwood Warren Scholar and Professor of Law 杰克Beermann, was recently cited by the dissenting opinion in a federal immigration case, 德克萨斯州诉美国. Beermann’s paper, published in the 圣地亚哥法律评论, examines the balance of power in the administration of laws, with particular attention to the role Congress plays in the process.
The central issue in the case is President Obama’s executive action on immigration, which would have directed the Department of Homeland Security to prioritize the deportation of undocumented felons while offering paths to citizenship for certain undocumented parents of US citizens and parents of legal permanent residents.
In February, a federal district court in the southern district of Texas blocked the enactment of the President’s plan, arguing that the government failed to comply with rule-making procedures in federal law, making the case about administrative law rather than immigration or constitutional law. 联邦政府向美国第五上诉法院提出上诉，并获准在4月中旬举行听证会。 这个由三名法官组成的小组在5月底宣布了裁决，以2比1的结果继续阻止这一行政命令。
Judge Stephen Higginson dissented, noting that, “absent constitutional constraints or extremely compelling circumstances the administrative agencies should be free to fashion their own rules of procedure and to pursue methods of inquiry capable of permitting them to discharge their multitudinous duties.”
Drawing from Professor Beermann’s examination of the balance of federal powers, Higginson goes on to argue that the case should not have been adjudicated, but should have been left to the federal political branches “so that nationwide concerns and practicalities are weighed, Congress’s purse dispensed as it chooses, and the Executive refines its enforcement priorities or is compelled by Congress to do so.”
Professor Beermann has authored or co-authored four books on administrative law, including a widely used casebook and the 伊曼纽尔法律大纲 on the subject. His articles have appeared in prominent American journals such as the斯坦福法律评论, 加州大学洛杉矶分校法律评论, 杜克法律期刊, and 波士顿大学法律评论, and in foreign law journals including Germany’s Rechtstheorie and China’s 行政法审查.
