by Congress. An executive order is not legislation. It is an order issued by the president to enforce laws passed by Congress. This is backed by the declaration that the president 'take care that the laws be faithfully executed' made in Article II, Section 3, Clause 5. Thus, executive orders can only be used to carry out the will of Congress (which is only supposed to be passing laws in line with the Constitution), and not to issue new policy." Thompson agreed, but said that's not the way reality has been playing out lately. He said some of Obama's orders appear to be flagrantly unconstitutional, but because it's a presidential order, it is followed unless some individual or group challenges it -- and wins. "We've looked at the issue. Depending on the particular order, there may be material that is unconstitutional," he said. "But the issue is what are you going to do about it?" He said the first line of defense against an unconstitutional president should be Congress. They should say, 'The president is enacting legislation without other branches of government," he said. He said, however, if Congress fails to act, then it is up to an individual who is willing to make a fight of it. He said two recent Obama administration actions are examples of the problems that have been created. One is the White House determination that prosecutors simply are not going to follow the law regarding illegal aliens of certain ages and qualifications in the