“If
you like your health plan, you can keep it,” is the lie of the
year, according to Politi-Fact. But Barrack Obama has been operating
under an even more momentous lie for his entire presidency, from the
day he took the oath of office. With that oath, he swore to
“faithfully execute the office of President of the United States,
and will to the best of my ability, preserve, protect and defend the
Constitution of the United States."
The
Constitution states the president “shall take Care that the Laws be
faithfully executed.” This is a duty, not a discretionary power.
The president must enforce the laws as
written.
He has no authority to rewrite, amend, suspend, grant waivers to, or
decide not to enforce them, but Obama has done all these. John Yoo,
a professor of law (U. of Calif., Berkeley), writes, “Obama has
pursued a dangerous change in powers of his office that disregards
the Constitution's separation of powers between the branches of the
federal government.”
On
December 3, 2013, Jonathan Turley, a law professor at George
Washington University, presented a written testimony to the House
Judiciary Committee stating: “When a president claims the inherent
power of both legislation and enforcement, he becomes a virtual
government unto himself. He is not simply posing a danger to the
constitutional system; he becomes the very danger that the
Constitution was designed to avoid.”
One
of Obama's first acts as president—only a month since he took the
oath of office—was to announce his elimination of the Yucca
Mountain site in Nevada for storing highly radioactive nuclear waste.
He flouted decades of scientific study and countermanded the
explicit decisions of Congress set forth in duly-enacted laws over
many years. In 1982 Congress directed the government to assume
responsibility for commercial nuclear waste. In 1987 it singled out
Yucca Mountain for evaluation as the repository because of its remote
and dry location. After years of research, Congress in 2002 endorsed
the Yucca Mountain site. Between 1987 and 2009, when Obama put
himself above the law by effectively revoking it, $13.5 billion was
spent on the program; a five-mile tunnel was bored into the mountain,
and hundreds of studies determined the safety of the site for
thousands of years. The nuclear industry was also forced to pay $22
billion to the Energy Department for establishment of the repository.
Obama is not a scientist, and his decision was not made from a review
of the scientific research. But that is not the point, nor is the
billions of dollars of taxpayer money that went down the drain. The
point is that Obama had no authority to violate the law rather than
faithfully execute it. He called for more study of the issue, which
he had no power to authorize. (More than 20 years of study already
was not enough?) He said nuclear power still had a place in the U.S.
and his administration would be quick to offer an alternative. With
no alternative suggested after almost five years now, it is apparent
he had no intention of providing any. In his 2008 presidential
campaign, Obama told Nevadans that if elected he would not allow
nuclear wastes to be stored in Nevada. End of story. So much for
his oath of office and the constitutional requirement he “take care
that the Laws be faithfully executed.”
That
was only Obama's opening shot against the Constitution. It was
followed by a barrage of others.
The
GM and Chrysler bankruptcies of 2009 were directed by a White House
task force that upended established bankruptcy procedures. A major
element of a bankruptcy is that debtors similarly situated get
treated the same, but Obama
violated this several ways, always to the benefit of unions. Under
terms of the bailouts, Chrysler’s
unsecured
union benefit trust fund got paid instead of Chrysler’s secured
creditors, and GM was required to pay parts manufacturer Delphi's
union retirees $1 billion while its non-union retirees got nothing.
What legal authority did Obama have for rewriting almost of a
century of bankruptcy law as payback for political support from the
United Auto Workers? None.
In
the case of the BP oil spill in the Gulf of Mexico, Obama bypassed
the courts and himself decreed the fine for BP. He also unlawfully
imposed a moratorium on oil drilling, which drew a rebuke by the
court–in vain.
Obama
decreed “recess” appointments to the National Labor Relations
Board and the Consumer Financial Protection Bureau by claiming the
Senate was not in session, meaning no Senate confirmation was
required. However, the Senate was not in recess but merely taking a
break within a session. Two federal courts subsequently held these
Obama appointments were unconstitutional usurpations and voided them.
Professor
Yoo states, “Obama is the first chief executive since Richard Nixon
to ignore a duly-enacted law simply because he disagrees with it.”
Obama instructed his justice department to cease enforcement of
immigration laws against certain illegal immigrants. By executive
order he adopted the very conditions allowing immigrants to remain in
the U.S. that Congress rejected by refusing to enact the Dream Act.
Before Congress' rejection, Obama himself had repeatedly stated the
Constitution forbade him from taking these actions without Congress.
Under
an executive order by Obama, attorney general Eric Holder ordered
U.S. attorneys to stop prosecuting certain drug defendants for crimes
that carry mandatory sentences. This is certainly contrary to the
U.S. Supreme Court in Kendall
v. United States, 1938,
which said allowing the president to refuse to enforce laws “would
be clothing the president with a power to control the legislation of
Congress, and paralyze the administration of justice.”
The
president replaced congressional requirements for state compliance
with the No Child Left Behind Act with new ones crafted by his
administration. His administration also provided waivers to 42
states, Washington D.C., and Puerto Rico even though the law
contained no provision for waivers.
Though
the 1996 Welfare Programs Act required people on welfare to work or
prepare for a job in order to receive federal benefits, the Obama
administration waived the requirement.
There
is no constitutional authority to order private companies to provide
free services, but Obama's Department of Health and Human Services
regulations require private insurers to provide free contraceptives
to employees of objecting religious institutions.
According
to our Constitution, only Congress can declare war. In a 2007
interview Obama said, “The president does not have power under the
Constitution to unilaterally authorize a military attack in a
situation that does not involve stopping an actual or imminent threat
to the nation.” Yet he ordered airstrikes against Libya though
that country had neither attacked nor threatened us. Similarly, he
asserted he didn't need Congressional approval for taking military
action against Syria because it had used chemical weapons. But Syria
neither attacked us nor threatened to do so. Obama claimed his
proposed military action against Syria was authorized by the War
Powers Resolution, passed in 1973 as a result of the Viet Nam
experience. But the WPR specifically states that it applies to cases
where the U.S. is attacked or is threatened with attack.
Federal law requires the president every year to submit a budget to
Congress by the first Monday in February in order to start the
congressional budgeting process. In four years Obama failed to meet this
requirement. Congress also failed to adopt a budget for four years,
thereby
allowing the president great leeway in allocating funds within each
department of the executive branch. Before this year, the last thing
Congress passed that resembled a budget was a 2009 spending bill that
combined nine normal separate bills.
Obama
violated the law in numerous ways regarding his signature act, the
Affordable Care Act (Obamacare). That law specifically says it
“shall apply to months beginning after December 31, 2013.” There
is no provision for allowing the president to suspend or delay any
part of it. Writing for the U.S. Supreme Court in 1998, Justice John
Paul Stevens wrote: “There is no provision in the Constitution that
authorizes a president to enact, to amend, or to repeal statutes.”
So Obama was violating the law and the Constitution when he changed
to 2015 the Obamacare requirement of 2014 as the year employers with
50 full-time workers must offer health-care coverage or pay fines.
He also violated the law by suspending the requirement that
individuals seeking subsidized health insurance prove their
eligibility. He violated again when his Health and Human Services
Secretary granted some 1,200 waivers from Obamacare requirements for
hundreds of unions, companies and special interests.
In
December 2013 syndicated columnist Charles Krauthammer wrote,
“HHS...asked insurance providers to start covering people on
January 1 even if they signed up as late as the day before and even
if they hadn't paid their premiums. And it is 'strongly encouraging'
them to pay for the transition for doctor visits not covered in their
current plans (if covered in the patient's previous—canceled—plan).
On what authority does a Cabinet secretary tell private companies to
pay for services not in their plans and cover people not on their
rolls?” Is this America?
Krauthammer
also notes that the phrase “strongly encouraging” is an offer the
insurers can't refuse. “Disappoint your federal master and he has
the power to kick you off the exchanges, where the health insurance
business of the future is supposed to be conducted.” Again, is this
America?
Obama
ignores the separation of powers and fails to respect Congress as an
equal branch of government. At one point he famously even refused to
negotiate with it. Rather than working with Congress, he told an
audience in Denver that his
administration will "look every single day to figure out what we
can do, without Congress.” He treats Congress like a second class
department of which he is the superior to determine whether or not it
is doing its job. “We
can't wait for Congress to do its job, so where they won't act, I
will,” he said regarding his Jobs Bill.
“It
is the belief of this administration ... that we can't wait for
action on the Hill," Obama said when signing an executive order
regarding the FDA. “If
Congress won't act soon to protect future generations, I will,"
Obama pledged. "I will direct my cabinet to come up with
executive actions we can take ....” He ought to know—but
apparently doesn't—that the executive branch must work with the
Congress, not evade it, and it is not the president's role to
determine what Congress' job is and whether or not it is doing that
job. The
Constitution determines what Congress' job is, and the voters are the
ones to determine whether or not their representatives are doing
their job.
In
1868 the House impeached President Andrew Johnson for defying the
Tenure of Office Act, which prohibited him from firing anyone in
Lincoln's cabinet. Johnson fired Secretary of War Edwin Stanton
anyway. The Senate failed to convict him by a single vote.
Andrew
Johnson committed a single violation of one law. Obama has committed
multiple violations of multiple laws. Of course, with a Democratic
majority in the Senate, Obama would never be convicted if impeached,
and today there is far less concern about a president violating the
law than when Johnson was president. It shows the pitiful, lawless,
degradation of our once free country resulting from Obama
“fundamentally transforming” America.