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Tag Archives: Limited 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


Politics drives repeated and unlawful Obamacare delays

Obamacare-DelayThe President aims to protect Congressional Democrats from the consequences of the law they passed.

The serial delays of Obamacare are coming so rapidly and for such obviously political reasons that the White House is barely even trying to mask its real mission of protecting vulnerable Democrats in the mid-term elections.

In announcing the latest postponement this week — this one allowing individuals to keep their existing health insurance policies through 2016 — the Obama administration carefully credited Sens. Mary Landrieu of Louisiana, Mark Udall of Colorado, Ron Barber of Arizona and 10 other vulnerable Democratic lawmakers.

All face tough reelection fights in the fall in races in which Obamacare is a key issue.

While it may be politically expedient, rewriting a law passed by Congress simply to avoid ballot box consequences is an outrageous abuse of executive power. 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 Repeals ObamaCare

Obama 102Under pressure from Senate Democrats, the President partly suspends the individual mandate.

It seems Nancy Pelosi was wrong when she said “we have to pass” ObamaCare to “find out what’s in it.” No one may ever know because the White House keeps treating the Affordable Care Act’s text as a mere suggestion subject to day-to-day revision. Its latest political retrofit is the most brazen: President Obama is partly suspending the individual mandate.

The White House argued at the Supreme Court that the insurance-purchase mandate was not only constitutional but essential to the law’s success, while refusing Republican demands to delay or repeal it. But late on Thursday, with only four days to go before the December enrollment deadline, the Health and Human Services Department decreed that millions of Americans are suddenly exempt. 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


How to Keep the Constitution

Constitution_Dayby Rep. Justin Amash

When I entered Congress, I swore an oath to support and defend the Constitution, and I have followed through on that promise. The political elites of both parties don’t like what I’m doing. They have a vision of government that is very different from the vision laid out in the Constitution. As the elites see it, the American people are their subjects, and a benevolent privileged few—standing above the law—must watch over the rest of society.

History and logic show us that no matter how “good” the leaders are, unrestrained government invites corruption and cronyism. On the whole, government power always benefits the wealthy and well-connected at the expense of others. Some of the reasons are just common sense. It costs a lot of money to lobby Washington. Even the best-intentioned government official cannot sort out what’s right when he spends most of his time hobnobbing with one percent of society.

Wherever government power has proliferated, societies have become poorer, crueler, and less productive. The extreme examples are found in Communist states, but we need not look that far. Europe is wracked by economic chaos and civil strife because decades of big government bred dependence, resentment, and division among its peoples. In my own state of Michigan, bankrupt Detroit is a victim of the corruption and failed incentives that accompany too much government. Continue reading


Creeping Authoritarianism

Leadership Authoritarianby Daniel Henninger

If we learned anything about Barack Obama in his first term it is that when he starts repeating the same idea over and over, what’s on his mind is something else.

The first term’s over-and-over subject was “the wealthiest 1%.” Past some point, people wondered why he kept beating these half-dead horses. After the election, we knew. It was to propagandize the targeted voting base that would provide his 4% popular-vote margin of victory — very young voters and minorities. They believed. He won.

The second-term over-and-over, elevated in his summer speech tour, is the shafting of the middle class. But the real purpose here isn’t the speeches’ parboiled proposals. It is what he says the shafting of the middle class is forcing him to do. It is forcing him to “act”—to undertake an unprecedented exercise of presidential power in domestic policy-making. ObamaCare was legislated. In the second term, new law will come from him. Continue reading


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