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Originally posted by: forkushVQuote
Originally posted by: DonDiego
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Originally posted by: forkushV
Implementation of federal laws has been delayed by presidential administrations at least fifteen times in the last fifteen years - without Congressional approval.
DonDiego, why is this instance so special?
The Constitution. (But DonDiego hasn't said it is special.)...
Yes you have.
OK, . . . poor old DonDiego did a little research, . . . and forkushV is correct: the President's actions regarding implementation of Laws are, in fact, unprecedented.
And it's not the number of such Executive Orders that matter; it's the content.
__ In July 2012, the Obama Administration issued a bureaucratic edict proposing to overturn the work requirements that formed the core of the 1996 Temporary Assistance for Needy Families (TANF) law. This action clearly violated the intent and letter of the law.
__Through 2012 the Obama administration freed schools in more than half the nation from central provisions of the No Child Left Behind education law, relieving States from the goal of making all students proficient in reading and mathematics by 2014. [DonDiego suspects this goal will not be met.]
__In June 2012 The Obama announced his administration would stop deporting young illegal immigrants who entered the United States as children if they meet certain requirements. This is a direct violation of immigration law; when questioned the Obama replied: "It is the right thing to do."
__In August 2013 , Attorney General Eric Holder announced that the Justice Department will no longer pursue mandatory minimum sentences for certain low-level, nonviolent drug offenders, noting the nation is "coldly efficient in jailing criminals," but that it "cannot prosecute or incarcerate" its way to becoming safer. Congress mandated minimum sentences for a reason.
__As DonDiego noted earlier The Obama delayed the Obamacare mandate for companies with over 50 workers one year until 2016. The Law passed by Congress specifies 2015.
__Fearing that some Companies with slightly over 50 employees might use the extra year to downsize to escape the mandate altogether the President invented a brand new Law never even contemplated by Congress - Employers must certify they will not drop employees to avoid the mandate. Doing so would trigger criminal perjury charges; so The Obama created a new crime, that of adopting a business practice he opposes. [This part, . . . inventing a Law and defining an employers action as perjury by a President really is special.
Indeed, The Obama is "special".
"Courts, understandably fearful of being inundated by lawsuits from small factions of disgruntled legislators, have been wary of granting legislative standing. However, David Rivkin, a Washington lawyer, and Elizabeth Price Foley of Florida International University have studied the case law and believe that standing can be obtained conditional on four things:
__That a majority of one congressional chamber explicitly authorizes a lawsuit.
__That the lawsuit concern the president’s “benevolent” suspension of an unambiguous provision of law that, by pleasing a private faction, precludes the appearance of a private plaintiff.
__That Congress cannot administer political self-help by remedying the presidential action by simply repealing the law.
__And that the injury amounts to nullification of Congress’s power.
DonDiego trusts that House Speaker Boener (R-OH) is successful in bringing this suit against The Obama.
Thanks to George Will for the documentation of some of The Obama's indiscretions as enumerated above.