Today, the Constitution turns 226 years old. Let’s not forget it states that the President “shall take Care that the Laws be faithfully executed.”
The Obama Administration has done the opposite,
turning the law on its head and ignoring constitutional limitations on its
power. Read the Constitution now
Here are five of the
Administration’s largest violations:
1.
Changing Obamacare on the fly without congressional action
The Patient Protection and Affordable Care Act
requires that businesses employing 50 or more full-time employees must provide
health insurance or pay a fine per uncovered employee. The law schedules this
mandate to begin in January 2014. Yet the Administration has already announced
that it will put this requirement on hold.
Meanwhile, Congress explicitly considered and
rejected proposed amendments to Obamacare that would have created a specific
allowance for a congressional health insurance subsidy in the exchanges, and
indeed, such an exemption is illegal. But the Administration told Members of
Congress and their staffers that it would give them a generous taxpayer-funded
subsidy just the same.
Obamacare won’t work as written, and the
Administration is just seizing power unilaterally to rewrite it.
2.
Implementing the DREAM Act by executive fiat
Congress has repeatedly considered, and rejected, a
bill known as the Dream Act that would effectively grant amnesty to many
illegal aliens. Yet in June 2012, Department of Homeland Security Secretary
Janet Napolitano issued a directive to immigration officials instructing them
to defer deportation proceedings against an estimated 1.7 million illegal
aliens. Oddly, this happened about a year after President Obama admitted that
“the President doesn’t have the authority to simply ignore Congress and say,
‘We’re not going to enforce the laws you’ve passed.’”
3.
Making “recess appointments” while the Senate was in session
In January 2012, President Obama made four “recess”
appointments to the National Labor Relations Board (NLRB) and Consumer
Financial Protection Bureau, claiming that the Senate was not available to
confirm those appointees. Yet the Senate was not in recess at that time.
The Recess Appointments Clause is not an alternative to Senate confirmation and
is supposed to be only a stopgap for times when the Senate is unable to provide
advice and consent. Eventually, a three-judge panel of the D.C. Circuit struck
down the appointments to the NLRB as unconstitutional.
4.
Waiving welfare work requirements
In July 2012, the Department of Health and Human
Services gutted the work requirements out of the welfare reform law passed in
1996. It notified states of Secretary Kathleen Sebelius’s “willingness to
exercise her waiver authority” so that states may eliminate the work
participation requirement of Section 407 of the 1996 reforms. This flatly
contradicts the law, which provides that waivers granted under other sections
of the law “shall not affect the applicability of section 407 to the State.”
Despite this unambiguous language, the Obama Administration continues to flout
the law with its “revisionist” interpretation.
5.
Encouraging federal contractors to violate the law
The WARN Act requires that federal contractors give
60 days’ notice before a mass layoff or plant closing. Employers who do not
give notice are liable for employees’ back pay and benefits as well as
additional penalties. With defense-related spending cuts set to start on January
2, 2013, defense contractors should have issued notice by November 2, 2012
(just four days before the presidential election). Yet, the Department of Labor
instructed defense contractors not to issue notice for layoffs due to
sequestration until after the election—and assured them they would be
reimbursed with taxpayer funds for any subsequent liability for violating the
law.
One of the Constitution’s strongest features is its
simplicity. It doesn’t serve as a laundry list of rights, as many modern constitutions
attempt to do. Instead, it lays out a governing framework, divides power among
three co-equal branches, and protects Americans from having their rights
usurped by an overreaching government.
But for the Constitution to survive the next
quarter-millennium, we need leaders who are dedicated to maintaining it, not
stretching it to suit their immediate political needs.
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