Press Releases

This week, the House passed two bills that rein in executive overreach and reverse the troubling trend of President Obama’s failure to take care that the laws are faithfully executed.

“This is about restoring governance to its constitutional boundaries – regardless of who is in office.  It is impossible to move forward on tackling serious policy challenges when the American people and Congress can’t trust the President and his Administration to carry out the laws as written.  The American people don’t get the luxury of choosing what laws to follow, the same as the President doesn’t get a choice of what laws to enforce.  Our Founders didn’t fight for a system controlled by one branch of government and the President’s habit of circumventing Congress threatens our foundation of checks and balances.  It is my sincere hope that Harry Reid and the Senate move these bills to President Obama’s desk.”

THE LEGISLATION:

1. H.R. 4138, the ENFORCE the Law Act of 2014: establishes a procedure for the House of Representatives or the Senate to file a lawsuit against the President or any federal officers for failing to faithfully execute the laws or establishing a policy to refrain from enforcing the law.

2. H.R. 3973, the Faithful Execution of the Law Act of 2014: amends federal law to require the Attorney General to report to Congress any time the President or a federal official establishes or implements a formal or informal policy to refrain from enforcing any provisions of federal law.

BACKGROUND:

In a recent Los Angeles Times op-ed, Jonathan Turley, a professor of law at George Washington University, claims that, under President Obama, we have seen a rise of an “uber presidency” that “…threatens the stability and functionality of our tripartite system of checks and balances.” Turley went on to argue that, “Obama is not simply posing a danger to the constitutional system; he has become the very danger that separation of powers was designed to avoid.” (LA Times; 3/9/2014)

Even President Obama, as a Senator, warned against this type of action.  At a Chicago speech in October of 2007, Obama said, “These last few years we've seen an unacceptable abuse of power at home…We've paid a heavy price for having a President whose priority is expanding his own power. The Constitution is treated like a nuisance…It's time for us to stand up and tell George Bush that the government in this country is not based on the whims of one person; the government is of the people, by the people and for the people.” (Barack Obama: “A New Beginning” in Chicago, IL on October 2, 2007)

Constitutionally Granted Authority:

• Article II Section 3 of the U.S. Constitution grants the President the power to “take care that the laws be faithfully executed.”

• According to Article I Section 1 of the U.S. Constitution, “all legislative powers herein granted shall be vested in a Congress of the United States…”

A comprehensive look at the “Imperial Presidency” under President Obama can be accessed by clicking here.