By Bill O'Reilly

There are many things in play after Mr. Obama announced a quasi- legalization of perhaps 800,000 illegal aliens.

On Friday, the President announced that the U.S. government would no longer deport aliens brought here illegally when they were 16 years old or under. Those folks must not be more than 30 years old now, have a clean record with a high school diploma or military service.

The President says it's the fair thing to do and "Talking Points" does not disagree with the theory. This group of illegal aliens was brought to America through no fault of their own. However, the President's new policy might very well be illegal. It is up to Congress to make federal law, not the President.

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KRAUTHAMMER: It's simply Constitutional indecency. This is out and out lawlessness. The Congress is the one who makes the law, what the administration does is it administers the law and in fact, what it's pretending to do is to use discretion. That's what the Homeland Security Secretary said. This is not discretion.

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O'REILLY: If you go by the letter of the law, Charles Krauthammer is correct. There is no discretion in exempting a large group of people from federal law. Nevertheless, the Obama administration is doing it.

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DAVID PLOUFFE, SENIOR WHITE HOUSE ADVISER: Our attorneys, the Homeland Security attorneys are absolutely confident this is within our authority to use some discretion.

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O'REILLY: So, we can expect court challenges to the President's illegal alien pronouncement and charges that Mr. Obama has once again overstepped his constitutional authority.

On the political front, Mitt Romney believes the President's move was dictated by vote pandering.

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ROMNEY: If he felt seriously about this he should have taken action when he had a Democrat House and Senate. But he didn't. He saves these sorts of things until four and a half months before the general election.

UNIDENTIFIED MALE: So, he did it for politics?

ROMNEY: Well that's certainly a big part of the equation.

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O'REILLY: And then there is the racist angle. Whenever the right goes after President Obama, some on the left cry racism. Sam Donaldson, the latest example saying this in an e-mail, quote, "Many on the political right believe this President ought not to be there. They oppose him not for his policies and political view but for who he is, an African-American."

So, I guess I'm a racist if I raise the legality question on the issue, right, Sam? CNN anchor Don Lemon echoed Donaldson on the air.

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DON LEMON, CNN ANCHOR: "Let's face it many on the political right believe this President ought not to be there. They oppose him not for his policies and political view but for who he is, an African-American." Finally the elephant in the Rose Garden. Thank you, Sam Donaldson, enough said there.

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O'REILLY: Bernie Goldberg will have more on that a bit later on.

Summing up, "Talking Points" believes that illegal aliens who were dragged to the USA by their parents should be given special status by Congress. But because he bypassed Congress, what the President did is flat out unconstitutional. No spin.

And that's "The Memo"

Pinheads & Patriots

There are "Pinheads" everywhere these days. You know that. And some of them make it onto national TV. Yesterday at the U.S. Open golf tournament, this happened.

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WEBB SIMPSON, WINNER, U.S. OPEN: I got off to a slow start, but I knew that...

(BIRD CALLS)

SIMPSON: I knew...

BOB COSTAS, SPORTS JOURNALIST: Always something to spice matters up.

SIMPSON: Enjoy the jail cell, pal.

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O'REILLY: Yes. Enjoy the jail cell. Mr. Simpson, a "Patriot" for rolling with it. The "Pinhead" was cuffed, taken away by police. Perhaps he'll wind up in Guantanamo Bay where I heard they're having a special section for out-of-control "Pinheads."

— You can catch Bill O'Reilly's "Talking Points Memo" and "Pinheads & Patriots" weeknights at 8 and 11 p.m. ET on the Fox News Channel and any time on foxnews.com/oreilly. Send your comments to: oreilly@foxnews.com.