The Judiciary does not have a monopoly on defending the Constitution. Every federal official, including Congressmen, Senators, federal officials and members of the military, takes an oath to support and defend the Constitution of the United States. I did twice, once when I joined ROTC as a cadet and again when I was sworn in as a US Air Force 2nd Lieutenant. So if the president is violating his oath of office by issuing "executive actions" contrary to Constitutional processes, Congressmen and Senators have a duty to stop it any way they can in order to fulfill their oath. Congressional Republicans gave it a good old college try, then gave up and funded DHS including two unconstitutional executive programs. In effect, Republicans punted to the courts.
The Democrats put party over country and violated their oaths of office in order to support their president's rule by decree. If this precedent is allowed to stand, the Constitution is a dead letter. We will have replaced it with an elective dictatorship, at least until the incumbent dictator decides election are no longer needed. That’s a very high stakes bet on what Anthony Kennedy and John Roberts had for lunch.
So how did we get here? "What we've got here is a failure to communicate!" The problem is that Republicans fought this as if the issue was amnesty when the issue really should have been defending the Constitution. It was worse that the Republicans did not vigorously complain about all the previous decrees issued by His Highness Barry the Brilliant, such as postponing the Employer Mandate Tax under Obamacare. We didn't complain about the executive action implementation of the Dream Act by decree as an unconstitutional act either. Instead of having a unified message that the Chicago Machine Prodigy had no respect for the Constitution, we had a fragmented message that was spread over multiple issues with no unified theme. Given that the Pravda Press is the Public Relations arm of the DNC, this was fatal to our cause. We were maneuvered into a position where the vast majority of voters thinks we want to shut down DHS because we don't like immigrants. Even conservative pundits barely mention that the Constitutional Lecturer in Chief has a pattern of taking numerous executive actions contrary to law. Boehner was forced to surrender, because all the alternatives were worse. He did push it all the way and made the Democrats vote not to compromise.
What we should learn from this is that we need a unified message that this administration from top to bottom has no respect for the Constitution and no respect for the law. Every spokesman should tie every issue to this theme. The next time we try to stop His Majesty from issuing another decree, we need to have laid the ground work so that even the lowest information voter gets it. For starters, every Republican spokesman should be referring to the SNL skit about how bills become law. They get it, even if Republican office holders and spokesmen don’t.
SNL skit on executive action: