House
acts to curb Obama’s imperial presidency
Plans
would draw line in sand for White House executive actions
Published:
03/07/2014
Critics
say Barack Obama’s forays outside the Constitution are well known:
His Obamacare and his arbitrary changes to the law, waiving work
requirements under welfare reform, “recess” appointments,
refusing to defend federal law (DOMA) and ignoring states that set up
their own laws in direct conflict with federal law.
The
Heritage Foundation has issued a report of the details, describing
the “Top 10 Abusive Executive Actions,” including “inventing
labor law ‘exemptions’ in violation of the WARN Act so that
workers would not receive notice of impending layoffs days before the
2012 election.”
Now
Congress is preparing to try to rein in the president, with
legislative plans that would authorize even legal action against the
White House if the circumstances require.
It’s
parallel to a move already under way among the states calling for a
constitutional convention, or a convention of the states, in which
citizen legislatures can propose constitutional amendments. They
could include term limits for Congress and the Supreme Court or a
limit on executive orders through a process that bypasses the
president, Congress and even their own governors.
A
report by the Hill says the congressional proposal, which has two
prongs, will be taken up next week.
The
first is the ENFORCE Act, H.R. 4138, “which would allow the House
or Senate to authorize legal action against the administration’s
willful neglect of the law,” the Hill reported.
Rep.
Trey Gowdy, R-S.C., who has been supportive of the idea, said the
bill “will give Congress the authority to defend this branch of
government as the framers and our fellow citizens would expect.”
Also
on the agenda is the Faithful Execution of the Law Act, H.R. 3973, to
require that government report whenever a decision is make to ignore
an existing federal law and explain why.
In
the Washington Free Beacon, Elizabeth Harrington reported House
Republican Conference Chair Cathy McMorris Rodgers of Washington
state and Oversight and Government Reform Committee Chairman Darrell
Issa of California talked about the goals in a recent conference
call.
“Clearly
President Obama has taken the über presidency to a whole new level,”
McMorris Rodgers said. “While it’s not new for presidents to
stretch their constitutional limits of power, executive overreach has
accelerated at a faster pace under President Obama.”
She
said that throughout “his tenure we have witnessed a pattern.”
“When
the president disagrees with laws, he ignores them. And now that
Obamacare isn’t working, President Obama is rewriting his own law
on a whim.”
Issa
said the left “is constantly bringing suits to the EPA based on not
doing enough on clean air and clean water and so on, and they’re
always granted standing and then ultimately they often are forcing
the EPA through ‘sue and settle’ to do things.”
“And
yet when the president does something through executive order, or the
EPA does something beyond their jurisdiction, it’s very hard to get
into court. So this is a really smart way to do it,” he said.
The
movement among the states already is getting serious. WND reported
this week that the first state already has adopted a plan to put the
brakes on Washington.
Convention
of States confirmed that the Georgia legislature on Thursday passed
the organization’s application “to limit the power and
jurisdiction of the federal government.”
State
Sen. Cecil Staton, R-Macon, told the organization he is “pleased
that the Georgia legislature has given voice to the frustrations of
millions of Georgians.”
“Enough
is enough. It is time to impose fiscal and other restraints on our
runaway federal government. We urge other states to join us,” said
Macon, the primary sponsor of the resolution.
“We
Georgians have become the hope of the nation today,” said
Jacqueline Peterson, the Georgia state director for the Convention of
States Project. “Many thanks to our state legislators for standing
for liberty. May God bless us, every single one!”
The
idea is to have an Article V Convention of States, the one process
the U.S. Constitution gives to citizens to bypass the White House,
Congress and even their own governors to establish a new path for the
nation.
The
new president in 2017 could face new limits on executive orders,
Commerce Clause actions, a balanced federal budget and a ban on using
international treaties to govern inside the U.S. if the state-based
movement is successful. There could even be term limits for Supreme
Court justices and Congress, and a mandatory sunset of all existing
federal taxes.
The
ideas are being discussed in legislatures where a Convention of the
States has been proposed.
The
Convention of States Project, launched by Citizens for Self
Governance, is working to have state lawmakers call such a convention
through the Constitution’s Article V.
Thousands
of Americans already have signed on in support of the idea that
Americans, themselves, need to address Washington’s massive
spending, over-regulation and takeover of authority from states.
Michael
Farris, who has been known for years as the face of the Home School
Legal Defense Association and Patrick Henry College, now is on the
front line of seeking a convention in which state delegates would
meet, agree on a path for the country and then tell Congress what
will happen.
The
organization proposes a convention for “the purpose of limiting the
power and jurisdiction of the federal government.”
“We
believe the grassroots is the key to calling a successful
convention,” the promoters say. “The goal is to build a political
operation in a minimum of 40 states, getting 100 people to volunteer
in at least 75 percent of the state’s legislative districts. We
believe this is very doable. Only through the support of the American
people will this project have a chance to succeed.”
Among
the issues that could fall under the single subject would be a
balanced budget amendment, a new definition of the General Welfare
Clause, a redefinition of the Commerce Clause, a ban on the use of
treaty provisions inside the U.S., limits on executive orders, term
limits for Congress and the Supreme Court, federal tax limits and a
sunset of all existing federal taxes.
“Of
course, these are merely examples of what would be up for
discussion,” the promoters say. “The convention of states itself
would determine which ideas deserve serious consideration, and it
will take a majority of votes from the states to formally propose any
amendments.”
Farris
told WND he expects support for a convention to be gathered over a
period of two to three legislative cycles.
The
timing would align with the 2016 presidential election.
Farris
said it definitely would throw a wrench in the works.
“In
my opinion, a good wrench,” he said. “We are convinced that
Washington, D.C., is broken and that it will never, ever fix itself.”
He
said all three branches need fixing.
“The
judiciary legislates, the legislative branch, the Congress uses power
it never was intended to have, and the president misuses power worse
that George III ever thought of,” he said.
He
earlier told WND that Washington, D.C., “will never voluntarily
relinquish power.”
“If
we allow Washington, D.C., to continue on its current course of big
government, it will utterly destroy American liberty. Debt is the
most tangible method of destruction. But big government complete with
spying on the American public, the improper use of executive orders,
over-regulation, etc., etc., will most certainly destroy American
liberty relatively soon.”
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