Why would President Obama do that? According to some on here, not-Constitutional Laws are never Constitutional. So why would President Obama even consider wasting his time on not-Constitutional Law?
President Obama is not bound to any Laws passed by Congress unless SCOTUS Finds that he is; and if it is deemed necessary by President Obama to still ignore the Finding for the sake of national security, then President Obama can.
On a side note: President Obama will be reelected. Let's consider the facts here...Republicans have overplayed their hand. Congress is at its lowest rating in history, and it kept dropping following the election of 'tea party' types. The best candidate Republicans have to put up is Romney, who mind you, is pro-choice, pro-socialized healthcare, pro affirmative action, etc. Enjoy your jagged little pill Republicans! Ron Paul is a wet dream for 'tea party' types, Gingrich is nearly as Liberal as Romney. I am going to really enjoy this election season.
I wish that we could all get together on election night, have some nachos, beer, and watch Republican faces eat crow.