"For it's one, two, three strikes, you're out, At the old ball game...." ♪ ♫ ♬ ♭ ♮
1. "But when Congress refuses to act, and as a result, hurts our economy and puts our people at risk, then I have an obligation as President to do what I can without them. Ive got an obligation to act on behalf of the American people. And Im not going to stand by while a minority in the Senate puts party ideology ahead of the people that we were elected to serve."
Obama announcing recess appointments when the Senate was not in recess.
Obama: 'I Have an Obligation' to Act Without Congress - Kate Hicks
2. "Under the rule, women will still have access to free preventive care that includes contraceptive service no matter where they work," Obama said. "That core principle remains.
"But if a woman's employer is a charity or a hospital that has a religious objection to providing contraceptive services as part of their health plan, the insurance company -- not the hospital, not the charity -- will be required to reach out and offer the woman contraceptive care free of charge without co-pays, without hassle." Obama, announcing "compromise."
Obama tweaks birth control rule
3. "I cant comment on where the case is going to go. I can only say what I believe and that is that DOMA doesnt make sense, its unfair. I dont think that it meets the demands of our Constitution "
Full story here: Obama: Courts Will Most Likely Repeal DOMA Very Soon / Queerty
In the first item, recess appointment to key jobs without the Senate's voting on nominees- and while the Senate was in formal session was quite an expansion of the President's powers under the Constitution.
Then, the President approves the regulations of HHS to require employers to provide "morning after" pills, sterilization, and birth control, a direct attack on the Roman Catholic Church and the "Free Exercise" clause of the Constitution.
Now, the Defense of Marriage Act became a law September 21, 1996. Key provisions include:
a. No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
28 USC § 1738C - Certain acts, records, and proceedings and the effect thereof | LII / Legal Information Institute
b. In determining the meaning of any Act of Congress, or of
any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word marriage
means only a legal union between one man and one woman as
husband and wife, and the word spouse refers only to a person
of the opposite sex who is a husband or a wife.
http://www.gpo.gov/fdsys/pkg/PLAW-104publ199/pdf/PLAW-104publ199.pdf
On February 23, 2011, Attorney General Holder announced the President's decision t no longer defend DOMA as a constitutional exercise of power by the legislative and executive branch.
Can he do that?
Well, this from a senior legal fellow at the Heritage foundation:
"While the President has a duty to interpret the Constitution through his decisions to enforce statutes, it is the well-established policy of the Justice Department to defend a federal statute unless no reasonable argument may be made in its defense, or unless the statute would infringe on some core presidential constitutional authority (that is, the President doesnt need to vigorously defend a federal statute that he believes infringes on his Article II power). Applying this policy, the Executive Branch has traditionally defended federal statutes vigorously, even in cases where it had strong constitutional doubts, and where it had strong policy reservations."
Then, Seth Waxman, solicitor general for the Clinton administraton:
"...the Solicitor General generally
defends a law whenever professionally respectable arguments can be
made in support of its constitutionality. ...
Vigorously defending congressional legislation serves the
institutional interests and constitutional judgments of all three
branches. It ensures that proper respect is given to Congress's policy
choices. It preserves for the courts their historic function of judicial
review. And it reflects an important premise in our constitutional
system-that when Congress passes a law and the President signs it,
their actions reflect a shared judgment about the constitutionality of
the statute."
http://scholarship.law.georgetown.e...ects an important premise our constitutional"
Remember this?
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Oath of office of the President of the United States - Wikipedia, the free encyclopedia
The Constitution, it seems, poses few problems for one who neither respects nor understands it.
George Washington turned down the offer to be a king....
...the current resident in the people's house should learn from him.
1. "But when Congress refuses to act, and as a result, hurts our economy and puts our people at risk, then I have an obligation as President to do what I can without them. Ive got an obligation to act on behalf of the American people. And Im not going to stand by while a minority in the Senate puts party ideology ahead of the people that we were elected to serve."
Obama announcing recess appointments when the Senate was not in recess.
Obama: 'I Have an Obligation' to Act Without Congress - Kate Hicks
2. "Under the rule, women will still have access to free preventive care that includes contraceptive service no matter where they work," Obama said. "That core principle remains.
"But if a woman's employer is a charity or a hospital that has a religious objection to providing contraceptive services as part of their health plan, the insurance company -- not the hospital, not the charity -- will be required to reach out and offer the woman contraceptive care free of charge without co-pays, without hassle." Obama, announcing "compromise."
Obama tweaks birth control rule
3. "I cant comment on where the case is going to go. I can only say what I believe and that is that DOMA doesnt make sense, its unfair. I dont think that it meets the demands of our Constitution "
Full story here: Obama: Courts Will Most Likely Repeal DOMA Very Soon / Queerty
In the first item, recess appointment to key jobs without the Senate's voting on nominees- and while the Senate was in formal session was quite an expansion of the President's powers under the Constitution.
Then, the President approves the regulations of HHS to require employers to provide "morning after" pills, sterilization, and birth control, a direct attack on the Roman Catholic Church and the "Free Exercise" clause of the Constitution.
Now, the Defense of Marriage Act became a law September 21, 1996. Key provisions include:
a. No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
28 USC § 1738C - Certain acts, records, and proceedings and the effect thereof | LII / Legal Information Institute
b. In determining the meaning of any Act of Congress, or of
any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word marriage
means only a legal union between one man and one woman as
husband and wife, and the word spouse refers only to a person
of the opposite sex who is a husband or a wife.
http://www.gpo.gov/fdsys/pkg/PLAW-104publ199/pdf/PLAW-104publ199.pdf
On February 23, 2011, Attorney General Holder announced the President's decision t no longer defend DOMA as a constitutional exercise of power by the legislative and executive branch.
Can he do that?
Well, this from a senior legal fellow at the Heritage foundation:
"While the President has a duty to interpret the Constitution through his decisions to enforce statutes, it is the well-established policy of the Justice Department to defend a federal statute unless no reasonable argument may be made in its defense, or unless the statute would infringe on some core presidential constitutional authority (that is, the President doesnt need to vigorously defend a federal statute that he believes infringes on his Article II power). Applying this policy, the Executive Branch has traditionally defended federal statutes vigorously, even in cases where it had strong constitutional doubts, and where it had strong policy reservations."
Then, Seth Waxman, solicitor general for the Clinton administraton:
"...the Solicitor General generally
defends a law whenever professionally respectable arguments can be
made in support of its constitutionality. ...
Vigorously defending congressional legislation serves the
institutional interests and constitutional judgments of all three
branches. It ensures that proper respect is given to Congress's policy
choices. It preserves for the courts their historic function of judicial
review. And it reflects an important premise in our constitutional
system-that when Congress passes a law and the President signs it,
their actions reflect a shared judgment about the constitutionality of
the statute."
http://scholarship.law.georgetown.e...ects an important premise our constitutional"
Remember this?
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Oath of office of the President of the United States - Wikipedia, the free encyclopedia
The Constitution, it seems, poses few problems for one who neither respects nor understands it.
George Washington turned down the offer to be a king....
...the current resident in the people's house should learn from him.
