web analytics
July 28, 2015 / 12 Av, 5775
At a Glance
InDepth
Sponsored Post


The President And The Rule Of Law: Where Is Bill Clinton?

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.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “The President And The Rule Of Law: Where Is Bill Clinton?”

Comments are closed.

Current Top Story
Rocks hurled by rioting Arabs on the Temple Mount.
MK Ahmed Tibi Tells Police to Expel Jews from Temple Mount
Latest Indepth Stories
Open Tent

{Originally posted to the author’s website, FirstOne Through} Some passionate and eloquent liberals have bemoaned the state of inclusiveness among Jews today. Leon Wieseltier, editor of the New Republic penned an angry piece “J Street’s Rejection Is a Scandal” about the exclusion in 2014 of J Street from the Conference of Presidents of Major American Jewish Organizations. […]

Hamas on the Temple Mount - Jul 3, 2015

Magnanimity by Moshe Dayan, allowing Muslim control of the Temple Mount, led to today’s situation.

Community-Jewels-logo

It was modeled upon a similar fund that had been set up by Sephardic Jews in Venice. But Amsterdam’s Dotar was initially more ambitious in scope.

Brudner-072415-Rav-Aharon

Rav Aharon Margalit is a bestselling author – his book, As Long As I Live, has been translated into four languages – and a standing-room only lecturer. Both religious and non-religious audiences flock to hear him. What makes him so extraordinary? Rav Margalit is a Chasidic Jew who experienced incredible challenges from a very young […]

J Street is the vanguard (Jewish face)in support of Obama’s Vienna Accords Nuclear Deal with Iran

“I hold the woman’s place over that of men in every fundamental aspect of public and private life.”

The US-UNRWA accord is another example of this White House, hostile to Israel, disregarding truth.

On the saddest day on the Jewish calendar, Tisha B’av, a reflection on the dangerous deal with Iran

The Kotel gained significance around 1550. Previously, many Jews prayed on the Temple Mount itself.

All Jews MUST stand together to oppose boycotts against Israel. So why does NIF & JCF support BDS?

This year it is hard to concentrate on anything but Iran building nuclear weapons to destroy Israel

Bibi failed the moment he transferred Israel’s Iran problem to the international arena.

I was entranced by Kaddish, a song of sorrow of the whole of Israel for the 1000s of years of exile

Like the Avos, we are invested with the mission to inspire humanity to become nobler and greater

Iran accords are worse than Munich; even Chamberlain would be shocked at what is transpiring again.

An unhappy person cannot become happy by acquiring items. Happiness has to come from somewhere else.

More Articles from Editorial Board

Mr. Kerry may or may not be genuinely disturbed and troubled by the Iranian leader’s continued belligerence. With the deal completed, that’s not even a matter of concern anymore.

Mr. Silver’s legislation changed the primary date to April 19, which avoids any conflict. And, we are happy to say, he received the support of Republicans in the legislature for changing the date.

The issue of the Chief Rabbinate’s control over conversions and other life-cycle matters has long been a contentious one.

Can adoption agencies limit the placement of children to heterosexual couples only?

The court’s finding that the president has exclusive jurisdiction in recognizing foreign countries might have been be apt if the issue at hand were a congressional attempt to grant recognition to “Palestine” as a state.

It wasn’t too long ago that Mr. Erdogan, in his determination to burnish Turkey’s credentials as an Islamist state at the cost of the secularism that had brought much economic and political success to Turkey, upended his country’s decades-long cooperative relationship with Israel.

Does the pope really believe that Father Dehon’s destructive anti-Jewish calumnies do not disqualify him from the highest honor of the Catholic Church because in his time everyone did it?

There was something else of great importance in play – something we would have liked to see him take into account before deciding to stand with the boycotters.

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: