Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.
Soon after the oral argument in the Supreme Court on Obamacare, when it appeared there was considerable skepticism among the justices as to its constitutionality, President Obama expressed the view that it would be “unprecedented” for the unelected court to overturn legislation passed by an elected legislature. But not only did the president’s words fly in the face of the court’s role as ultimate arbiter of a law’s constitutionality, he has arrogated to himself the right to unilaterally override legislative enactments. We have already noted, for example, his effectively amending U.S. immigration law by creating an exemption in the law, which Congress has refused to enact, for certain illegals in terms of deportation.
Within hours of the Obamacare argument in the Supreme Court, when it appeared likely Obamacare would be struck down, President Obama issued a statement in which he said,
There is not only an economic element to this, a legal element to this, but there is a human element to this. And I hope that’s not forgotten in this political debate.Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.
And I would like to remind conservative commentators that for years what we have heard is that the biggest problem is judicial activism and that an unelected group of people would somehow overturn a duly constituted and passed law.
To be sure, the president is a nationally elected figure, yet his role, in the words of the Constitution, is to “take care that the laws [enacted by Congress] be faithfully executed….”
Yet earlier this month the Obama administration asked the Supreme Court to strike down various provisions of the Defense of Marriage Act, overwhelmingly passed by Congress in 1966 (the House vote was 342-67, with two members voting present and 22 not voting while the tally in the Senate was 85-14 with one member not voting) and signed into law by President Bill Clinton.
Indeed, House Republicans have had to retain private counsel to defend the 16-year-old law because the Obama administration has declined to defend it in court. (Worthy of note is the fact that no state referendum seeking approval of same sex marriage has ever passed.)
However, Mr. Obama, who on May 9of this year became the first president to publicly express his support for same-sex marriage, believes the Defense of Marriage Act, which denies same-sex couples legally married under state law the federal benefits afforded to heterosexual couples, should not be enforced, in direct contradiction of a lopsided congressional vote to the contrary.
Another Clinton-era law enacted by Congress was welfare reform, which contained as a key provision the requirement that welfare beneficiaries must find and maintain some sort of employment in order to qualify for federally funded assistance. Last week, however, the Obama administration , through a memo from the Department of Health and Human Services, asserted it had the authority to waive that requirement and advised state welfare agencies they no longer had to enforce it.
The HHS claim is astonishing and palpably lawless. HHS is relying on two provisions of the Social Security Act which are among several that govern federal welfare programs. Section 402 requires states to submit an administrative plan to the federal government describing how they will spend federal welfare funds. However, Section 1115 also authorizes HHS to issue certain waivers to various sections, including 402, so that a state can experiment with different approaches. The HHS memo claims it is relying on Section 1115. So the HHS theory seems to be that since it can relieve states from the requirement that they provide a welfare-spending plan to HHS, HHS can also relieve them of the requirement that welfare recipients need to work in order to qualify.
This alone shows how much of a stretch this all is. But in addition there is the little matter that part of the language of Section 1115 is: “[A] waiver granted under Section 1115 or otherwise…shall not affect the applicability of Section 407 to the State.” And it is Section 407 that requires welfare recipients to work in order to receive benefits.
Even this doesn’t seem to deter the Obama team. Not surprising. Who can forget that when he trashed the deportation provision of U.S. immigration laws several weeks ago, he explained that “it was the right thing to do.”
The voting public needs to think long and hard about a second term for someone who has displayed such disdain for the American way of governance.
Frankly, one would expect some angry words from Bill Clinton, who is so closely identified with the very laws President Obama is trying to throw under the bus. We realize the former president’s wife is Mr. Obama’s secretary of state, but what we have here, in effect, is a full-blown attempt by a sitting president of his own party to dismantle Mr. Clinton’s legislative legacy.
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
ISIS poses a great threat to the entire civilized world in general and liberal democracies in particular.
Kerry is preoccupied with pressuring Israel, notwithstanding the transformation of the Arab Spring .
With no shortage of leftist media that seek to distort the news, what should our Torah response be?
The Gazans are now paying for the choices they have made.
As Peres retires, Israel fights sour legacy: Insistence on setting policy in line with hopes, rather than with reality.
Our capital was not arbitrarily chosen, as capitals of some other nations were.
UNHRC High Commissioner Navi Pillay accuses the IDF of possible war crimes in Gaza again, cutting slack to Hamas.
There is much I can write you about what is going here, but I am wondering what I should not write. I will start by imagining that I am you, sitting at home in the Los Angeles area and flipping back and forth between the weather, traffic reports, the Ukraine, Mexican illegals and Gaza. No […]
Should Jews in Europe take more responsibility in self-defense of community and property?
It is time for a total military siege on Gaza; Nothing should enter the Gaza Strip.
Germany’s The Jewish Faith newspaper ominously noted, “We Jews are in for a war after the war.”
The truth is we seldom explore with kids what prayer is supposed to be about.
Almost as one, Jews around the world are acknowledging the day-to-day peril facing ordinary Jews in Israel and the extraordinary service of the IDF in protecting them.
So Hamas needed a way to end the blockade and secure the release of its prisoners.
Many of us thought Mr. Obama’s diplomacy strategy was simply a device to dodge a decision that force was necessary to ensure the rogue state of Iran would not get its hands on nuclear weapons and thereby pose an existential threat to world peace.
In fact, the two suspects were arrested by Israeli authorities – not, as the Times tried artfully to suggest, by Mr. Abbas’s Palestinian Authority.
Unfortunately, we must deal with some of the practical lessons of this tragedy. The murders did not happen in a vacuum.
It is no secret the president is furious with Republicans in Congress for blocking his efforts to change immigration laws.
Printed from: http://www.jewishpress.com/indepth/editorial/the-president-and-the-rule-of-law-where-is-bill-clinton/2012/07/18/
Scan this QR code to visit this page online: