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THE LEGAL LIMIT: THE OBAMA ADMINISTRATION’S ATTEMPTS TO EXPAND FEDERAL POWER
Report No. 4: The Obama Administration’s ***** of Power
By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights
Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.” America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn’t simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation
ruled
by laws, not men. No one—and especially not the president—is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to “take Care that the Laws be faithfully executed.” R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, **** laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation’s history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unilaterally change the law? Imagine a future president setting aside environmental laws, or tax laws, or labor laws, or tort laws with which he or she disagreed. That would be wrong—and it is the Obama precedent that is opening the door for future lawlessness. As Montesquieu knew, an imperial presidency threatens the liberty of every citizen. Because when a president can pick and choose which laws to follow and which to ignore, he is no longer a president.
Governing by Executive fiat
1. Disregarded 1996 welfare reform law in granting broad work waivers for work requirements of Temporary Assistance for Needy Families (TANF).
2. Implemented portions of the DREAM Act, which Congress rejected, by executive action.
3. Ended some ****** asylum restrictions, by allowing asylum for people who provided only “insignificant” or “limited” material support of terrorists.
4. Allowed immigrants in the U.S. illegally, who are relatives of military troops and veterans, to stay in the country and get legal status.
5. Extended federal marriage benefits by recognizing, under federal law, same-sex marriages created in a state that allows same-sex marriage even if the couple is living in a state that doesn’t recognize same-sex marriage.
6. Recognized same-sex marriage in Utah, even though the Supreme Court stayed the court order recognizing same-sex marriage in Utah and Utah said it would not recognize same-sex marriages performed before the stay.
7. Refused to prosecute ********* of **** laws with certain mandatory minimums.
8. Issued signing statements, refusing to enforce parts of congressional-enacted statutes.
9. Illegally refused to act on Yucca Mountain’s application to become a nuclear waste repository.
National Security
1. Falsely portrayed the Benghazi terrorist ****** as a spontaneous protest against an anti-Muslim YouTube video,
and then lied about the White House’s involvement.
2. Illegally revealed the existence of sealed indictments in the Benghazi investigation.
3. Failed to enforce the Magnitsky Act as required by law, by not adding Russian human rights ******* to a list of people not permitted to travel to or do business in the U.S.
4. ****** four Americans overseas in counterterrorism operations without judicial process.
5. Continued to give Egypt aid after the military took over its government, even though federal law prohibits aid to Egypt in the event of a coup.
Obamacare
1. Granted a “hardship” exemption from the individual mandate for people whose health plans were canceled because their plans weren’t Obamacare compliant.
2. Delayed the individual mandate for two years.
3. Allowed individuals to buy health insurance plans in 2014 that did not comply with Obamacare.
Extended this delay until 2016—past the mid-term elections.
4. Extended the deadline to enroll in Obamacare.
5. Illegally granted businesses a waiver from Obamacare’s employer mandate.
Twice.
6. Illegally continued the Obamacare employer contribution for congressional staffs.
7.Illegally delayed the Obamacare caps on out-of-pocket healthcare payments.
8. Illegally delayed Obamacare verification of eligibility for healthcare subsidies.
9. Illegally required people to ******* their faith via the Obamacare contraception mandate.
10. As of May 2011, over 50% of Obamacare waiver beneficiaries were union members (who account for less than 12% of the American work *****).
Economy
1. Ordered Boeing to fire 1,000 employees in South Carolina and shut down a new factory because it was non-union.
2. Implemented a moratorium on offshore drilling after the Deepwater Horizon oil spill without statutory authority, and continued to enact new versions after federal courts repeatedly invalidated the moratorium.
3. Treated secured creditors worse than unsecured creditors in the Chrysler bankruptcy.
4. Terminated the pensions of 20,000 non-union Delphi employees in the GM bankruptcy.
5. Had SWAT teams raid a Gibson guitar factory and seize property, on the purported basis that Gibson had broken India’s environmental laws—but no charges were filed.
6. Government agencies are engaging in “Operation ***** Point,” where the government asks banks to “***** off” access to financial services for customers engaging in conduct the Administration does not like—such as “ammunition sales.”
Executive Nominees and Personnel
1. Made ******* “recess” appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board when Congress wasn’t in recess.
Ignored the rulings of three federal courts of appeals that held those nominations unconstitutional.
2.Appointed czars to oversee federal policy specifically because czars do not require Senate confirmation, earning criticism from stalwart Democrats such as West Virginia Sen. Robert Byrd
and Wisconsin Sen. Russ Feingold.
3. As of January 2012, 36 of the President’s executive office staff owed $833,970 in back taxes.
4. As of 2011, 311,566 federal employees or retirees owed $3.5 billion in taxes.
Free Speech and Privacy
1. Illegally targeted conservative groups for heightened IRS scrutiny.
2. Circumvented the Freedom of Information Act, by requiring White House Counsel review of all documents to be released under the Freedom of Information Act that the Administration believed pertained to “White House equities”—and then delayed in producing many of these documents by FOIA’s statutory deadline, or didn’t produce them at all.
3. Got secret permission from the FISA Court to reverse restrictions on the National Security Agency’s use of intercepted phone calls and emails, permitting the NSA to search American’s communications in its databases.
4. The Consumer Financial Protection Bureau is seeking to monitor about 80% of U.S. credit card transactions.
5. Targeted Fox News reporter James Rosen by falsely labeling him a possible “co-conspirator” in a criminal investigation of a new leak.
6. Secretly obtained phone records from staff at the Associated Press.
7. Had meetings with lobbyists in coffee shops near White House to avoid disclosure requirements.
Other Lawless Acts
1. Aided **** cartels instead of enforcing immigration laws—as found by a federal judge. Border Patrol agents, multiple times, knowingly helped smuggle ******* immigrant ******** into the U.S.; “the DHS is encouraging parents to seriously jeopardize the safety of their ********.”
2. Illegally sold thousands of guns to criminals, in the operation known as Fast and Furious,
and then refused to comply with congressional subpoenas about the operation.
3. Dismissed charges filed by Bush Administration against New Black Panther Party members who were videotaped intimidating voters at a Philadelphia polling station during the 2008 election.
4. Argued for expansive federal powers in the Supreme Court, which has rejected the Administration’s arguments unanimously 9 times since January 2012.
5. Sued Louisiana to stop school vouchers and keep low-income minorities trapped in failing schools.
6. Threatened to arrest military priests for practicing their faith during the partial government shutdown.
7. Muzzled the speech of military chaplains.
8. Sued fire departments saying their multiple-choice, open-book written employment tests were racially discriminatory.
9. Gave 23,994 tax refunds worth more than $46 million to aliens here illegally using the same address in Atlanta, GA.
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