Executive Order challenge: fair or foul?

Representative Steven King (R-IA) said on Friday that he would go to court to enjoin Obama's "DREAM Executive Order" from taking effect. Unless and until Congress
passes anything like the DREAM Act, Obama has no right to put it into
effect by Executive Order. So says
King. He also said he would challenge the President by himself, whether
anyone else in Congress joined him or not. (See stories in WND and Newsmax.)

King’s problem with this Executive Order goes far beyond what it does. No
President, nor any State Governor or other executive, has the power to
do what he pleases without checking with his respective legislature.
King said he would act

before Obama has a chance to do even more damage to the Constitution.

King has done this before. Then-Governor Tom Vilsack signed an
Executive Order in 1999, having to do with hiring discrimination in
State government offices. King sued him, and won. A judge said that
Vilsack exceeded his authority with that order. King will rely on his
experience in suing Obama. His lawyers are looking now into:

1. Where to sue, and
2. Whether he has standing.

This is the first time in recent memory that anyone in Congress has
challenged a Presidential Executive Order. Without challenges like this,
Presidents have for decades seemed to make new law with them and get
away with it. Now, at last, a court might decide whether a President may
do that, and how far he may go.