Earlier this year, President Obama famously said that he was not going to wait for Congress to act because he’s “got a pen and a phone” and can issue executive orders and take executive action to advance his agenda – with or without Congressional approval. This is alarming, especially considering the potential effect of this administration’s agenda on our economy. According to a Gallup Poll released last week, more than half of all Americans disapprove of the way President Obama is handling his job as president. Part of the reason is because this administration continues to selectively enforce laws and to bypass Congress on issues like gun control, immigration reform and climate change.
Whether or not President Obama wants to admit it, the Constitution makes it very clear that the duty of the president is to faithfully execute the law. There’s no clause in the Constitution about ignoring laws you don’t like or changing laws you championed because they don’t work. This sets a dangerous precedent that should concern Republicans and Democrats alike. The three branches of government exist for a reason, and it’s the responsibility of Congress—not the president—to write and change law.
Because the president chooses to continually ignore the boundaries to his power, Congress must act to ensure this disregard for our Constitution doesn’t continue through the end of his term. This week, the House of Representatives will pass two bills to rein in what has been described by many as an unprecedented Imperial Presidency.
The first bill, H.R. 4138, the Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law (ENFORCE the Law) Act will allow either the House or Senate to file a lawsuit against the Executive Branch for failure to faithfully execute the laws. H.R. 4138 also provides for expedited consideration of any lawsuit and prevents courts from delaying decisions in these cases, ensuring they cannot be ignored or stalled until there is a new administration.
The second, H.R. 3973, the Faithful Execution of the Law Act, will strengthen current law and promote honesty and transparency in the federal government by requiring all federal officials who establish or implement a formal or informal policy to refrain from enforcing a federal law to report to Congress the reason for ignoring said law. The first step towards rooting out the problem of selectively enforcing the law is sunlight, which draws attention to these troubling actions.
In addition, last year the House passed H.R. 367, the Regulations from the Executive In Need of Scrutiny (REINS) Act. This legislation would help ensure executive agencies can’t simply change the intent of a law by ensuring any regulation, by any Executive Branch agency, must be approved by Congress if it results in $100 million or more in economic impact. Now we need the Senate to act.
It’s a shame that it’s come to this, but it’s painfully clear this president—a former lecturer in Constitutional law—plans to play by a different set of rules than any other president in American history. I take my duty of upholding the Constitution very seriously, and I believe that allowing this to continue would be a disgrace to everything we stand for as a country. Allowing a president—any president—to ignore laws or change the way we govern without consulting Congress sets a very dangerous precedent. Again, both Republicans and Democrats should be very concerned about this overreach because of the future implications.
Please rest assured I will continue to uphold our Constitution and hold the president and his administration accountable for their attempts to ignore our nation’s most sacred document.
Feel free to contact my office if we can be of assistance to you or your family.
