The
unanimous decision [that’s 9
to Nothing including two of Obama’s own appointments ~ blog editor] of the Supreme Court late last month that President Obama
violated the separation of powers in appointing officials is the type of
decision that usually concentrates the mind of a chief executive. Obama,
however, appeared to double down on his strategy — stating in a Rose Garden
speech on Tuesday that he intended to expand, not reduce, his use of unilateral
actions to circumvent Congress.
Summing
up his position, the President threw down the gauntlet at Congress: “So sue
me.” . . . . . . The renewed promise to go it alone is a
familiar refrain from this President. He even pledged to take unilateral action
to circumvent Congress in front of both Houses, in his State of the Union
address . . . . to the curious delight of half of Congress [the half
that is anarchist/Progressives ~ blog editor] , which
applauded wildly at the notion of being made irrelevant. . . . . .
When Congress failed to pass the Dream Act loosening immigration laws
for certain groups, the President ordered the same result unilaterally. His
administration also ordered massive changes in Obamacare — from lifting
statutory deadlines, to exempting classes of business, to shifting hundreds of
millions of dollars from appropriated purposes to other uses . . . . . . . I testified on the President’s recess
appointments in Congress after they were made and said that the nominations in
my view were flagrantly unconstitutional
. . . . . . . by violating the
Constitution on recess appointments, a huge array of rulings out of the
National Labor Relations Board could be invalid — creating havoc in the area.
Likewise,
the President’s recent loss in the Hobby Lobby case, regarding contraception
provisions of Obamacare, will require huge changes in such coverage. In a
case that may be issued any day now in Halbig vs. Burwell, the D.C. Circuit
could strike down another unilateral policy on tax credits under Obamacare that
would mean that the administration wrongly committed billions of dollars
without authority. That decision could jeopardize the very viability of
health-care reform.
Editor's note: The Halbig v Sebelius (Burwell) case was heard in the DC Appellate Court in the last week of June of this year. It challenges the offering of subsidies outside the Medicaid bases Federal Exchanges per statements of law written into ObamaCare. Can ObamaCare offer subsidies to those living in the 34 states having no Federal Exchanges. The law says, "no," but Obama has changed the law in view of the refusal of 34 states to set up exchanges. This is another - and perhaps the last - huge challenges to this federal lie law.
In our
system, there is no license to go it alone. Rather, the Republic’s democratic
architecture requires compromise. The process is designed to moderate
legislation and create a broader consensus in support of these laws.
Nor is
congressional refusal to act . . . . an
excuse. Sometimes the country (and by extension Congress) is divided . . . . .
. When that happens, less gets done. The
Framers understood such times. They lived in such a time . . . . .
. . . .
. Obama’s taunt will no doubt be
answered in kind. Indeed, the House is preparing just such a lawsuit. And so, our
national politics have finally descended to the politics of the schoolyard
playground. However, unlike on the playground, presidential taunts have
constitutional consequences.
Turley
is a law professor at George
Washington University .
Read Dr. Turley’s full article here: http://www.nydailynews.com/opinion/obama-irresponsible-taunt-article-1.1854252#ixzz36jbOPdgq Know the Dr. Turley is a liberal Democrat and law professor, a man who voted for H Obama.
No comments:
Post a Comment