Eagle Forum Legislative Alerts

Wednesday, June 11, 2014

More Unconstitutional Acts

For years, President Obama refused to stand up for the Defense of Marriage Act (DOMA), the important bipartisan federal protection for traditional marriage that was overwhelmingly passed by Congress and signed by President Bill Clinton. Then Obama instructed Attorney General Holder not to defend DOMA in court even though the Constitution makes it the duty of the President to “take care that the laws be faithfully executed.”

The Obama Administration has adopted a new kind of imperial presidency known as Government by Waiver. Obama issued numerous waivers of statutory provisions in Obamacare in an attempt to get past the next election. Obama has issued waivers to at least 35 states from the impossible-to meet targets of the No Child Left Behind law on condition that the states adopt the hated Common Core standards.

Without any constitutional authority, the Democrat-controlled Congress created “super agencies” in 2010 whose immense powers are exempt from Congressional or judicial oversight. The 15-member Independent Payment Advisory Board (IPAB) is a “death panel” with the power to decide which health care services will be reimbursed by Medicare.

As solutions to the problem of the Imperial Presidency, Cantor’s online report offers two new laws: the Faithful Execution of the Law Act (H.R.3973) and the ENFORCE the Law Act (H.R.4138). The first would require federal officials who refuse to enforce a federal law to inform Congress and provide a reason; the second would enable the House or Senate to sue the Obama Administration to compel it to faithfully implement the law, with expedited review by the courts.

Listen to the radio commentary here:

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