The Constitution lacks an "immigration clause." The Supreme Court established this authority as an "inherent power" derived from national sovereignty, not specific text. This plenary power, created by judicial interpretation, is assigned to Congress.

For DACA to work, DHS had to convince undocumented youth to provide personal data to the government they feared. Secretary Napolitano explains this was achieved by creating a strict policy that information submitted to USCIS for DACA applications would not be shared with ICE for enforcement, a crucial trust-building measure.

Janet Napolitano argues that recent Supreme Court doctrines presume a level of legislative clarity and capability that doesn't exist in modern politics. By expecting Congress to legislate with extreme precision on all major issues, the Court ignores institutional dysfunction and creates a standard the legislative branch cannot meet.

The legal battle over President Trump's tariffs and President Biden's student loan forgiveness both hinge on the "major questions doctrine." This Supreme Court principle asserts that if the executive branch exercises a power with vast economic and political impact based on ambiguous statutory language, the Court will rule against it, demanding explicit authorization from Congress.

Representative Sharice Davids points out a common public misconception fueled by presidential rhetoric. Presidents often say "I passed this law," but their constitutional role is limited to signing or vetoing bills. The actual, complex work of drafting, negotiating, and passing legislation is the exclusive domain of Congress, a fact often obscured in political messaging.

Introducing legislation in Congress isn't always about immediate passage. Bills frequently function as messaging vehicles to build awareness and support for an idea over several congressional terms. This gradual process allows for the evolution of major policy, like the creation of new government agencies, which rarely happens in a single two-year cycle.

A recurring political pattern involves well-intentioned progressive policies being implemented without regard for practical consequences (e.g., border management). This creates a political vacuum and public frustration that the far-right exploits, leading to a severe, often cruel, overcorrection that dismantles both the flawed policy and underlying positive intentions.

Former DHS Secretary Napolitano details the sprint to launch DACA. It required creating a full-fledged federal program from scratch—designing forms, setting fees, training staff, and doing public outreach—in just two months. This shows that executive orders are not self-executing but require intense operational effort.

The Suspension Clause, which allows for suspending the right to challenge unlawful detention, is located in Article 1. This placement explicitly assigns the power to Congress, not the President, serving as a critical check on executive overreach during emergencies.