Solves the aff.
Posner ’14 (Eric A, Kirkland and Ellis Distinguished Service Professor of Law at the University of Chicago, Arthur and Esther Kane Research Chair, fellow of the American Academy of Arts and Sciences, member of the American Law Institute, J.D. from Harvard Law School, M.A. in Philosophy from Yale University; 8/3/14, “Obama Is Legally Allowed to Enforce—or Not Enforce—the Law”, https://newrepublic.com/article/118951/obamas-immigration-policy-lawful-he-can-enforce-what-he-wants,The New Republic)
The executive branch spends a lot of time not enforcing laws. Congress has illegalized an enormous amount of activity without giving the president the resources to enforce the laws, so the executive has no choice but to make a list of priorities and devote its attention to law violations that, in its opinion, are the most serious. Thus, the IRS doesn’t audit paupers very often. The Justice Department ignores a lot of anticompetitive behavior that might raise prices a bit but not much. The DEA focuses on criminal syndicates rather than ordinary drug users, although both violate federal law. And so on.
Nearly all of this non-enforcement takes place with implicit congressional acquiescence; once in a while, Congress complains because the president’s priorities are not the same as its own. But the president has no obligation to listen to these complaints. The Constitution gave him executive power while preventing Congress from compelling the president to act except by issuing the extreme and usually non-credible threat of impeachment. This is the separation of powers. People like Douthat wrongly think that separation of powers means that the president must do what Congress decides. That’s not the principle of separation of powers; that’s the principle of legislative supremacy, embodied in parliamentary systems like Britain’s, which America's founders rejected.
The founders gave the president independence from Congress because they feared legislative tyranny. The president could push back if Congress passed laws that violated the Constitution. Obama's current view is a wrinkle on this idea. The current threat to the Republic is not congressional tyranny but congressional gridlock—symbolized above all by the costly and ridiculous near-failure to raise the debt limit in past years. If Congress cannot pass any laws because of gridlock, then it has violated its obligations under the Constitution, and accordingly the president has the right to use his enforcement powers to implement policies that serve the public interest.