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Tag Archives: constitutional powers


Constitutional chutzpah

by Seth Lipsky     •     New York Post

barack_obamaThere are three ways something can become what the US Constitution calls the “supreme law of the land.” It can be made part of the Constitution by amendment, it can be passed by Congress as a law or it can be ratified by the Senate as a treaty.

President Obama can’t get his climate-change agreement made supreme law of the land by any of those constitutional routes. Not even close. The Republican House doesn’t want it. The Democratic Senate won’t act.

That’s because the people don’t want it. They’re no dummies. Even in drought-stricken California, the Hill newspaper reports, Democratic candidates for Congress avoid the climate-change issue.

This is driving Obama crazy. Continue reading


Holder’s view of the Constitution and the Rule of Law

Holder HeadAttorney General Eric Holder, who has given new meaning to the phrase a law unto himself, was remarkably candid in his testimony before Congress this week.

Outrageous, but candid.

“There is a vast amount of discretion that a president has — and more specifically that an attorney general has,” Holder told the House Judiciary Committee. “But that discretion has to be used in an appropriate way so that you’re acting consistent with the aims of the statute but at the same time making sure that you are acting in a way that is consistent with our values, consistent with the Constitution and protecting the American people.” Continue reading


White House cannot selectively enforce the law

Selective enforcement rule of lawFrontiers of Freedom has consistently maintained that the constitutional division and separation of powers explicitly prohibits the President of the United States from unilaterally rewriting laws and from selectively enforcing them.  In fact, that has been the law of the land for more than 200 years.  Yet, President Obama has made a habit of enforcing laws he likes, and openly refusing to enforce laws he doesn’t.  If he doesn’t like a law, he can suggest Congress pass reform legislation through the House and the Senate and he can sign it and enforce it.  But he cannot simply ignore the law or unilaterally alter it.  Now even one of the leading defenders of the Obama administration and a predictable voice for the Left – The Washington Post –has written that the President is acting outside his constitutional authority.  Here is what the editorial board of the Washington Post wrote:

The Obama administration on Monday announced that it was delaying, once again, enforcement of the Affordable Care Act (ACA) “employer mandate.” Yes, Republicans have done everything they can to impede implementation of this law. Yes, their “solution” — gutting the individual mandate — is an awful idea. And, yes, their public response to the administration’s action was predictably over-the-top. But none of that excuses President Obama’s increasingly cavalier approach to picking and choosing how to enforce this law. Imagine how Democrats would respond if a President Rand Paul, say, moved into the White House in 2017 and announced he was going to put off provisions of Obamacare he thought might be too onerous to administer. Continue reading


Obama Delays Obamacare’s Employer Mandate – Yet Again

ObamaCare Obama DoctorDuring a visit to Monticello with the President of France on Monday, President Obama quipped, “That’s the good thing about being president, I can do whatever I want.”  Some would argue that President Obama was simply joking.  But more and more, it looks like the President believes he can do as he pleases and can enact and amend legislation all by himself. Also on Monday, the White House announced that Obama had changed the clear and unambiguous terms of the ObamaCare law and delayed the employer mandate yet again for certain select groups.

This is particularly odd because the President himself has repeatedly called ObamaCare the of the land and demanded that Republicans accept it and stop trying to reform it. Yet, the President doesn’t view the law of the land as any reason for him to respect the plain language of the law. Students of the Constitution find this usurpation of power deeply troubling. But it is also deeply cynical as the President continues to assure Americans that the roll out of ObamaCare is going well. Yet if it were, he would not be repeatedly postponing its mandates until after the next election cycle.

by Brett Logiurato

The Obama administration announced Monday that it will delay implementation of part of the Affordable Care Act’s employer mandate for the second consecutive year.

The Treasury Department said it will delay the mandate’s penalty another year for small businesses with 50-99 workers. It will also adjust some of the requirements for larger employers.

Under the new Treasury Department rules, businesses with 100 employees or more must offer coverage to at least 70% of full-time workers in 2015 and 95% in 2016, or face a penalty. Continue reading


Is Barack Obama an imperial president?

Emperial President ObamaPresident Obama’s use of executive action to get around congressional gridlock is unparalleled in modern times, some scholars say. But to liberal activists, he’s not going far enough.

by Linda Feldmann

Ju Hong’s voice rang out loud and clear, interrupting the most powerful man in the world.

“You have a power to stop deportation for all undocumented immigrants in this country!” the young South Korean man yelled at President Obama during a speech on immigration reform last November in San Francisco. Waving away security guards, Mr. Obama turned and addressed Mr. Hong, himself undocumented. “Actually, I don’t,” the president said. “And that’s why we’re here.”

“We’ve got this Constitution, we’ve got this whole thing about separation of powers,” Obama continued. “So there is no shortcut to politics, and there’s no shortcut to democracy.”

The reality isn’t so simple. Continue reading


Howard Dean: I wonder if Obama has ‘the legal authority’ for this Obamacare fix

Obama obamacareImmediately following President Barack Obama’s press conference on yesterday — in which he proposed a one-year “fix” for Obamacare — former Democratic National Committee chairman and Vermont Gov. Howard Dean question if Obama actually could legally do what he had proposed.

“A) I wonder he had the legal authority to do this since this was a congressional bill that set this up,” Dean said. “And B) I stick to what I said before the president came on, which is if you want to make it work, you’ve got to get people in the system. And the website is not going to work for awhile — have a call center someplace.” Continue reading


Obama considers executive orders as second-term agenda crumbles

obama-legislation executive orderby Ben German

President Obama has a chance to craft a second-term legacy on climate change even as the rest of his agenda runs aground in Congress.

Gun control legislation is dead; immigration reform is on life support; and reaching a fiscal deal with Republicans appears to be a long shot.

To make matters worse, what was supposed to be his signature first-term achievement — ObamaCare — is suffering from a disastrous rollout.

But there’s one thing that’s going right for Obama: Executive action on climate change is moving full-speed ahead at the Environmental Protection Agency (EPA). Continue reading


Can the President write his own laws?

Constitutionby Charles Krauthammer

As a reaction to the crack epidemic of the 1980s, many federal drug laws carry strict mandatory sentences. This has stirred unease in Congress and sparked a bipartisan effort to revise and relax some of the more draconian laws.

Traditionally — meaning before Barack Obama — that’s how laws were changed: We have a problem, we hold hearings, we find some new arrangement ratified by Congress and signed by the president.

That was then. Continue reading


Top 13 Questions the Media Should be Asking

mediabiasby Joel B. Pollak

President Barack Obama rarely makes himself available to the mainstream media. They adore him anyway. At rare press conferences, such as the one scheduled for this past Friday at the White House, they lob softball questions or accept his evasive, meandering answers, rarely pressing him for clarity, much less truth. But there are many questions that the president ought to answer, yet which he is unlikely to face at all.

Here is a list of 13 questions, he should answer candidly: Continue reading


Lincoln Movie Illustrates The Blessings of Liberty

“Secured by immense power”

by Adam J. White

Steven Spielberg’s Lincoln, portraying the president’s battle to abolish slavery at the end of the Civil War, illustrates one of the fundamental paradoxes inherent in constitutional democracy: that sometimes high principle can be vindicated only through low politicking. In the last week, myriad political commentators have explored the implications and applications of that point. But by focusing on “Lincoln the politician,” this debate assumes, or at least presumes, an even more significant paradoxical truth: That very political system needed to secure our liberties is sustainable only because the government is empowered to violate our liberties. Continue reading


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