30 members support the House Resolution calling for civil action.1:49 PM, Dec 12, 2013 • By DANIEL HALPER
Congressman Tom Rice of South Carolina, a Republican, is sponsoring a resolution in the House of Representatives that would, if adopted, direct the legislative body "to bring a civil action for declaratory or injunctive relief to challenge certain policies and actions taken by the executive branch." In other words, Rep. Rice wants to take President Obama to court for not faithfully executing the laws.
"President Obama has adopted a practice of picking and choosing which laws he wants to enforce. In most cases, his laws of choice conveniently coincide with his Administration’s political agenda. Our Founding Fathers created the Executive Branch to implement and enforce the laws written by Congress and vested this power in the President. However, President Obama has chosen to ignore some of the laws written by Congress and implemented by preceding Presidents," Rice wrote in a letter to fellow House members to ask them to co-sponsor this resolution.
"This resolution allows the House of Representatives to bring legal action against the Executive Branch and challenge recent actions, inactions, and policies."
The "legal action against the President" would be, according to an aide for Rep. Rice, "for ignoring Article II, Section 3 of the Constitution." Article II, Section 3 of the Constitution states,
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
The resolution alleges that President Obama and his administration have abused executive power and failed to execute the laws of the United States faithfully.
Thus, the resolution calls for "CIVIL ACTION.—The House of Representatives shall bring a civil action in the United States District Court for the District of Columbia for declaratory or injunctive relief to challenge any of the following policies or actions:
(1) The policy of the Department of Health and Human Services that, with respect to health insurance coverage that is renewed for a policy year during the period beginning January 1, 2014, and ending October 1, 2014, health insurance issuers may continue to offer coverage that would otherwise be terminated or cancelled for being out of compliance with various requirements of title XXVII of the Public Health Service Act and corresponding portions of the Employee Retirement Income Security Act and the Internal Revenue Code of 1986, as announced by the Center for Medicare and Medicaid Services on November 14, 2013.
(2) The 1-year delay in the application of the reporting requirements of sections 6055 and 6056 of the Internal Revenue Code of 1986 (and related requirements of section 4980H of such Code), as provided under Department of the Treasury Notice 2013–45, as announced by the Department of the Treasury on July 2, 2013.
(3) The policy of the Department of Homeland Security to exercise prosecutorial discretion with respect to individuals who came to the United States as children, as announced by the Department of Homeland Security on June 15, 2012.
(4) The authorization, approval, renewal, modification, or extension of any experimental, pilot, or demonstration project under section 1115 of the Social Security Act (42 U.S.C. 1315) that waives compliance with a requirement of section 407 of such Act (42 U.S.C. 607) through a waiver of section 402 of such Act (42 U.S.C. 602).
In plain English, and in the words Rice used to ask fellow members to sign onto the resolution, the complaints are:
1. President Obama recently announced an “administrative fix” in regard to cancelled healthcare plans due to Obamacare. Of course he plans to provide a “fix” which will substantially alter his signature legislation without involving Congress.
2. Over the summer, President Obama’s Administration announced a one-year delay in Obamacare’s employer mandate without involving Congress.
3. Last year, President Obama’s Administration granted temporary status to illegal immigrants who entered the United States as children without involving Congress.
11:31 AM, Nov 18, 2013 • By DANIEL HALPER
Democratic congressman Nick Rahall says he voted for the Keep Your Health Plan Act because President Obama's Obamacare fix lacked the "legal underpinning" he believes is necessary:
"Did you vote yes because you think that the president didn't go far enough?" a CBS reporter asked the congressman.
"I voted yes, perhaps that was part of the reason," said Rahall. "But the main reason was, I'm not sure he had the legal underpinning to do what he did."
1:11 PM, Nov 14, 2013 • By DANIEL HALPER
Former Democratic presidential candidate Howard Dean questioned whether President Obama has the "legal authority" to carry out the Obamacare fix the White House outlined today:
“I wonder if he has the legal authority to do this, since this was a congressional bill that set this up,” said Dean of Obama's proposed fix.
The former Vermont governor suggested that since the Obamacare website isn't working, the president's signature legislation might fail
7:05 AM, Jul 17, 2013 • By DANIEL HALPER
Asiana Airlines released a statement this morning saying it in fact will not sue TV station KTVU for falling for a prank and announcing the wrong names of captains of plane that crashed in San Francisco. The airline had previously said it intended to sue.
"We decided not to proceed with the suit to concentrate all our efforts on dealing with the aftermath of the accident," says Asiana in a statement.
House bill would leave in place among the most liberal abortion laws in Western world.11:36 AM, Jul 10, 2013 • By JON A. SHIELDS
The American left loves Western European democracies for their cultural sensibilities and for their policies on everything from crime to health care. One policy area where you won’t hear American liberals cite the European example, though, is abortion.
8:21 AM, Jun 28, 2013 • By JERYL BIER
In a mid-year report to Congress, National Taxpayer Advocate Nina E. Olson weighed in on the controversy surrounding the IRS's review of exempt organization (EO) applications.
8:22 AM, Apr 10, 2013 • By DANIEL HALPER
Mother Jones, the liberal magazine that somehow obtained audio of a private Mitch McConnell campaign meeting, now wonders whether the top Republican in the Senate is breaking the law. The direct accusation is that Senate staffers did work to help McConnell's reelection, which if done on official time, could be a violation of the law.
1:30 PM, Mar 6, 2013 • By JEFFREY H. ANDERSON
President Obama has grown fond of saying that he’s “not a dictator,” “not a king,” and “not the emperor,” but is instead “the president.” Whether his tendency to clarify a seemingly obvious point reveals his inner desires or not, his actions in a variety of ways suggest that he doesn’t think the president shares his fellow citizens’ ongoing obligation to obey the law. To the contrary, he seems to view the president as being somewhat above the law.
8:35 AM, Feb 6, 2013 • By JEFFREY H. ANDERSON
It’s an old basketball adage that teams that apply a full-court press don’t like to be pressed themselves. They like to force the action, not have it forced on them. In a similar vein, those who seek to centralized power by spearheading the passage of new federal laws generally don’t like to obey those laws themselves. Laws are something for other people to dutifully obey — less important people.
Jared Lee Loughner escapes the death penalty.2:50 PM, Aug 9, 2012 • By ETHAN EPSTEIN
Jared Lee Loughner, who killed six people and injured thirteen others (including then-Rep. Gabrielle Giffords) last year near Tucson, cut a deal yesterday: By agreeing to plead guilty to perpetrating the massacre, federal prosecutors in return spared the 23-year-old from the death penalty.
Another firm bites the dust.4:50 PM, Jun 7, 2012 • By VICTORINO MATUS
Last year, the mega-law firm Dewey & LeBouef generated revenue totaling $782 million. It was the 20th largest firm according to the National Law Journal. Its clients included the Los Angeles Dodgers, the NFL Players Association, and eBay. But over the last five months, 206 of its partners defected. It currently owes approximately $315 million to creditors. There is a criminal investigation involving a pension plan allegedly underfunded by $80 million. Last week, the legacy firm, which dates back to 1909 (and whose "Dewey" refers to the Thomas Dewey), filed for Chapter 11 bankruptcy protection.
7:05 AM, May 21, 2012 • By JEFFREY H. ANDERSON
The New York Times gushingly describes how President Obama’s unique background — he’s “a man from many worlds,” “a transcender of tribes,” and, yes, “a former constitutional law professor” — has allowed him to unearth a creative “middle way” on the question of redefining marriage. That “middle way,” according to the Times’s account, is to come o
7:22 AM, Apr 25, 2012 • By DANIEL HALPER
Steve Hayes, with Brit Hume, Juan Williams, and Charles Krauthammer, last night on Fox News: