Filed under: Democrat Corruption, Domestic Policy, Election 2014, Law, Politics, The Constitution, The United States | Tags: Constitutional Tipping Point, Enforcing the Law, Separation of Powers
On Wednesday, the House of Representatives passed the “Enforce the Law Act,” a bill designed to push back against the numerous unilateral moves the Obama administration has used to circumvent the law. There are several different bills directed at the same problem.
H.R. 4138 sponsored by Rep.Trey Gowdy (R-SC) would authorize the House or Senate to sue the executive branch for failing to enforce laws, and provide an expedited process for moving through federal district courts. The bill is one of several the House GOP is pushing to combat “the imperial presidency.”
Five Democrats joined Republicans to pass the bill by a 223 to 181 vote.
President Obama has altered ObamaCare at least 20 times so far. As he said, he has a pen and a phone, and if Congress won’t do what he wants he’ll just go around them. Most recently millions of people have been exempted from the individual mandate due to a convenient change in the rules.
The administration also has announced that individuals would be able to keep their so-called “substandard” health insurance plans that do not comply with ObamaCare until October 2017!
When Congress refused to pass the Dream Act, Obama unilaterally instituted it by creating a “deferred action” program for young illegal immigrants.
Democrats, for the most part, leaped to the defense of the President, ignoring the separation of powers and the Constitutional law-making function of Congress and the law-enforcing function of the executive.
Liberal law professor Jonathan Turley testified at a House hearing last month that America is at a “Constitutional tipping point.”
“The fact that I happen to think the president is right on many of these policies does not alter the fact that I believe the means he is doing [it] is wrong, and that this can be a dangerous change in our system,” the liberal law professor said. “And our system is changing in a very fundamental way. And it’s changing without a whimper of regret or opposition.”
I think there’s quite a bit of regret and opposition. The problem is that Congress does not have “standing” before the court to sue the president, and force him to enforce the laws as written, passed and signed.
Obama, on the other hand, threatens to veto any Republican bills that require him to follow the law.
The administration strongly opposes H.R. 4138 because it violates the separation of powers by purporting to permit the Congress to challenge in court the exercise by the President of one of his core constitutional functions — taking care that Federal laws are faithfully executed.
In other words Congress is violating the separation of powers by trying to make Obama stop violating the separation of powers. He’s arguing that because Article II leaves it to the president to faithfully execute the law, only Obama gets to decide whether he’s “faithfully executing the law” by selectively ignoring portions of it that benefit him politically.
The bill will, of course, die in the Senate. But the threat of a veto gives conservatives another reason to get their base excited about voting in November, and Obama once again made himself look silly.