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Executive Overreach

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"Article II, Section 3 of the Constitution requires the President to “take care that the laws be faithfully executed.”

President Obama consistently shows utter disregard for the rule and enforcement of law.  From Obamacare delays, a failure to enforce immigration laws, to his threat to take unilateral action if Congress does not comply with his will, the President has stretched his regulatory authority beyond the bounds of the Constitution time and time again.  His arrogant, go-it-alone approach has made legislating even more difficult by reinforcing the doubt many of us have that the President will even comply with and abide by any new laws made.  The democratic process with separate but equal branches is part of what sets America apart and must be preserved for future generations.

Our Constitution provides that laws can only be made or changed by Congress – not the President – following the constitutional process.

The President had an opportunity to bring the nation together as we work to confront the enormous challenges facing us.  Instead, he not only continued with his partisan rhetoric, he also showed that he has failed to grasp the enormity of the issues we must address.  This is all the more reason why the President can not and should not ignore Congress and enact his own agenda outside the bounds of the Constitution.

Many of the President's unilateral actions have come via Executive Order, executive actions, or regulation.  There are three ways Congress can seek to overturn a regulation or Executive Order:
 
1. Congress can pass a law overturning it.  But, of course, to accomplish this, the President must sign anything that is passed by both the House and the Senate.
2. Executive actions can be challenged in court.
3. Congress can use its annual appropriations authority to limit the effects of Executive Orders or actions, and the House has used this authority on numerous occasions.

Finally, the House has also initiated a case to allow the courts to rule on whether the President is exceeding his authority under the Constitution.  This lawsuit will focus on the President's changes to the health care law.  The purpose of this action is to restore the appropriate powers established by the Constitution.  
 

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