President fails to execute law

December 7, 2013
By Congressman Raul Labrador

This week, I participated in a Judiciary Committee hearing about the President’s failure to fulfill his most basic Constitution duty – to “faithfully execute the law.”

In the last few months, the President has refused to faithfully execute certain laws, including key portions of Obamacare. In addition, he has waived federal work requirements for welfare and made appointments to the National Labor Relations Board (NLRB) without the advice and consent of the Senate.

This is a very serious issue because, under Article II, Section 3 of the Constitution, the President has the duty to “take care that the laws be faithfully executed.”

The Constitution does not delegate legislative authority to the President to rewrite, amend, or delay duly-enacted Constitutional laws. Only Congress can do that.

The President assumed legislative authority when he delayed the employer mandate under Obamacare and extended the grandfather clause to insurance plans not covered under the law. He even threatened to veto lawful statutory change proposed by the House, even though it was the same change he instituted with his executive decision.

In the case of the NLRB, the President made three appointments to the Board, arguing they were recess appointments and therefore constitutional. However, earlier this year, the U.S. Court of Appeals for the District of Columbia disagreed and unanimously ruled that the appointments were unconstitutional. Even so, the President is still working to circumvent the law.

The President has a Constitutional responsibility to enforce all of America’s laws, not pick and choose which ones he wishes to enforce.

This week’s Judiciary Committee hearing brought much-needed attention to the President’s failure to execute the law, including his overreach of executive authority.

I will continue to insist that the President act within the Constitutional limits of his office and enforce the laws passed by Congress.

I am a cosponsor of a resolution, H Res. 425, that disapproves of the President’s failure to fulfill his Constitutional duties and his usurpation of Congress’ legislative authority. The resolution, introduced by Rep. Ron DeSantis (R-FL) also reaffirms the preservation of the separation of powers and its essential role in maintaining the rule of law and protecting our individual liberties.

George Washington once said, “It is my duty to see the laws executed: to permit them to be trampled with impunity would be repugnant.” I agree. We, in Congress, have an obligation – as representatives of the people, and as members of a co-equal branch of government – to respond to the President’s overreach of power and reverse it.

This is an issue that all Idahoans can unite behind, and I will continue to be a leader in this effort.