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Faced with a Republican Congress that seems stubborn to a fault and content to see Obama fail, America鈥檚 chief executive has decided to grab what some are calling an unprecedented rein on executive prerogative in order to move his political objectives down the field.

His supporters say it鈥檚 part of the President鈥檚 鈥渁udacity of hope鈥� campaign message, exemplified by Friday鈥檚 decision to relax immigration rules for young illegal immigrants 鈥� a necessary antidote, supporters contend, to political polarization, stalemate, and gridlock in Washington.

As with other Obama decisions to ignore parts of the Defense of Marriage Act, not prosecute medical marijuana, and allow some states to opt out of No Child Left Behind provisions, the immigration order became perhaps the boldest decision yet by a president seeking reelection, critics say, to ignore laws passed by Congress in order to achieve a political objective, setting a troubling precedent for the power of the presidency.

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In some ways, it鈥檚 part of the evolution of an 鈥渋mperial Presidency,鈥� a term used by historian Arthur Schlesinger, Jr.聽 to describe Richard Nixon鈥檚 challenges to traditional checks and balances. Obama鈥檚 predecessor, George W. Bush, also used a broad definition of presidential power to issue so-called signing statements where he declared parts of new laws unconstitutional and thus unenforceable by the commander-in-chief.

But whereas Bush reserved most of those powers for issues of national defense in wartime, Obama has expanded the president鈥檚 power into issues that are live wires in America鈥檚 political and cultural battlefields 鈥� gay marriage, marijuana, education, immigration 鈥� while reshaping the powers of the Oval Office in his wake. At some point, critics say, the question becomes: Who can check the President?

鈥淭his isn鈥檛 about immigration but about constitutional order,鈥� says Mark Krikorian, executive director of the Center for Immigration Studies, a conservative-leaning think tank. 鈥淥ne problem is that even Democrats in Congress now have no right to complain about future usurpations 鈥� they might as well all go home and have Napoleon run the country.鈥�

In his Saturday address, President Obama hinted at the forces that are pushing him to take what some are calling extreme measures to govern. While he said Republican recalcitrance is a reason to vote in November, he also hinted that the political situation is forcing his hand as an executive. 鈥淭here鈥檚 no excuse for Congress to stand by and do nothing while so many families are struggling 鈥� none,鈥� Obama said.

A White House spokesman expanded on the President鈥檚 thinking in an interview with Politico.

When Congress blocks Obama鈥檚 agenda, the unnamed spokesman said, 鈥渨e look to pursue other appropriate means of achieving our policy goals. Sometimes this makes for less than ideal policy situations 鈥� such as the action we took on immigration 鈥� but the President isn鈥檛 going to be stonewalled by politics.鈥�

On the immigration issue, it鈥檚 still unclear whether the order overreaches the president鈥檚 constitutional prerogative. DHS said the order does not guarantee a path to citizenship or suggest amnesty, but is merely an expansion of constitutionally appropriate prosecutorial discretion over individual cases.

But many headlines highlighted another takeaway: That the President somehow has the power to actually order ICE agents to stand down from prosecuting their jobs, en masse. Critics say that Obama committed a constitutional fault if he bypassed Congress to create a new program where people can apply for a government benefit.

But even assuming that the order is legal, even progressive legal experts say Obama鈥檚 modus operandi has begun to undercut the basic balance of power in Washington.

His moves 鈥渇it a disturbing pattern of expansion of executive power,鈥� constitutional law professor Jonathan Turley, who usually sides with progressive ideals, tells Politico. 鈥淭his is a President who is now functioning as a super legislator鈥� who is 鈥渆ffectively negating parts of the criminal code because he disagrees with them. That does go beyond the pale.鈥�

鈥淥bama 鈥� has tried best, through hook or crook, to change America in ways that simple were not possible through legislative or even judicial action,鈥� adds Victor Davis Hanson, a former classics professor and currently a fellow at the Hoover Institution, in a piece for the conservative National Review.

鈥淕ive the President credit,鈥� he writes. 鈥淗e has thrown down the gauntlet and essentially boasted: This is my view of the way the new America should work 鈥� and if you don鈥檛 like it, try stopping me in November.鈥�

It鈥檚 a message that many of the President鈥檚 supporters, some of whom have grown apathetic amid poor economic news and concerns about the overall direction of the country, have been waiting to hear, some political observers say.

鈥淥bama came into office saying, 鈥業鈥檓 going to work with Congress, I鈥檓 going to change this town,鈥� and he held up that hope for way too long, according to his supporters,鈥� says Matt Barretto, a political science professor at the University of Washington, in Seattle. 鈥淣ow you鈥檙e starting to see him realize that, 鈥楾he things I campaigned on, I might have to do some of that myself.鈥� I think it means we鈥檒l see more bold steps from the President.鈥�

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