Article 2, Sec. 3 of the Constitution charges the President “shall take care that the Laws be faithfully executed.” It doesn’t say that he “should” execute the laws of the United States; it uses the imperative “shall.”
Nor does the Constitution say that the President can pick and choose to enforce some of the laws, or just the ones he likes.
Nor does the Constitution give the President the authority to create new laws. Article 1, Sec. 1 is clear on that point; “All legislative Powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives.”
The editors at Investor’s Business Daily picked up on the issue, too. Following is what they call “just a small sampling” of a “Lengthy Legacy of Lawlessness.”
Aug. 14, 2013: The Obama administration delayed the provision in ObamaCare to cap out-of-pocket health care costs, picking and choosing parts of the law to enforce, which is to exceed its authority.
July 17, 2013: The 4th Circuit Court of Appeals joined the federal appeals courts in D.C. and Philadelphia in ruling President Obama’s National Labor Relations Board recess appointments — who by law must be approved by Congress — were unconstitutional. Thus far, the president has ignored the ruling.
July 1, 2013: The Obama administration unilaterally decided to delay the employer mandate provision of ObamaCare for a year, which is to provide information to the feds about the extent of an applicant’s insurance. Never mind that the law states the mandate must go into effect on Jan. 1, 2014 — they are now relying on the “honor system” from applicants to determine if they are qualified for subsidies.
June 25, 2013: The Supreme Court ruled in Shelby County v. Eric Holder that Section 4 of the Voting Rights Act is “unconstitutional” and that “the formula can no longer be used as a basis for subjecting jurisdiction to preclearance.” Instead of complying with the ruling, Holder filed suit to order Texas to submit to preclearance, in defiance of Congress’ authority to legislate and the Supreme Court’s authority to rule on the constitutionality of the law.
June 15, 2012: The Obama administration announced it will stop deporting illegal immigrants under the age of 30 in a “deferred action” policy to circumvent immigration laws. This comes after Congress rejected a similar measure about a year ago. Since then, more than 500,000 illegals have received the deferment and only 20,000 have been rejected. As for the law-abiding applicants who have been waiting in line, well, that’s Obama’s idea of “lawfulness.”
May 20, 2013: A Washington Post article revealed that Fox News reporter James Rosen was investigated by the DOJ, which subpoenaed his phone records and emails in direct contravention of the First Amendment under the pretense of a leak investigation.
Obama's 13 Impeachable Offenses
