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The "Impeach Obama" March has begun
Obama leaves the Constitution weaker than at the beginning of his terms. It involved neither a congressional authorization of the use of force, nor compliance with the War Powers Act, which requires at least congressional notification of troop commitments and affirmative permission after 60 days. This is all a world away from candidate Obama, who said this on the campaign trail in Indeed, gridlock is a feature of our system, not a bug, meant to check executive abuse and majoritarian populism both. This blatant crony capitalism—government-directed industrial policy to help political insiders—discourages investors and generally undermines confidence in American rule of law. Obamacare Implementation One can, and many have, written whole articles about how the Affordable Care Act is such an affront to the rule of law that its individual mandate and Medicaid coercion—both of which Chief Justice John Roberts rewrote—are just the tip of the lawless iceberg. The Labor Department announced in February that it was delaying for a year the part of the law that limits how much people have to spend on their own insurance. This may have been sensible, but changing a law requires actual legislation. Later that year, the administration announced via blogpost on the eve of the July 4 holiday that it was delaying the requirement that employers of at least 50 people provide complying insurance or pay a fine. This time it cited statutory authority, but the cited provisions allow the delay of reporting requirements, not the mandate itself. A little-known part of Obamacare requires congressional staff to get insurance from health exchanges, rather than a taxpayer-funded program. Obama directed the Office of Personnel Management to interpret the law to maintain the generous benefits. No tax credits are authorized for residents of states where the exchanges are established by the federal government, as an incentive for states to create exchanges themselves. Alas, Congress never appropriated these funds, so the House of Representatives is suing the administration and won in the district court. Now on appeal, House v. Burwell is stayed until the D. Circuit hears from the incoming Trump administration. The targeting continued through May , with no consequences other than Lois Lerner, the chief of the exempt-organizations unit, being held in contempt of Congress—and then being allowed to peacefully retire despite erased records and other cover-ups. Okay, this one qualifies as Nixonian. Harry Reid to thwart Bush recess appointments. DACA and DAPA Congress has shamelessly failed to pass any sort of immigration reform, including for the most sympathetic victims of the current non-system, young people who were brought into the country illegally as children. Nonetheless, during his reelection campaign, President Obama directed the Department of Homeland Security to issue work and residence permits Deferred Action to Childhood Arrivals to the so-called Dreamers. As noted civil libertarian Harvey Silverglate explained this week , the administration construed Title IX—the federal law barring sex discrimination by federally funded schools—as a mandate to punish students and faculty accused of sexual misconduct using procedures that make it extraordinarily difficult for innocent people to defend themselves. Despite significant criticism, it finalized the rule in August , giving states until to develop plans to reduce carbon dioxide emissions, with mandatory compliance beginning in Net Neutrality In the works throughout the Obama presidency, the Open Internet Rule was adopted in February and went into effect that June, forbidding internet-service providers ISPs from prioritizing different kinds of internet traffic. Moreover, while the FCC touts the regulation as ensuring that the internet remains free of censorship, the rule impinges on the First Amendment rights of internet-service providers. EPA says that this rule, too, is authorized by Section of the Clean Air Act, but Congress considered and rejected such a cap-and-trade program in Far from being authorized by the Clean Air Act or lying in some zone of statutory ambiguity, this massive new regulatory scheme contradicts the express will of Congress. Sadly, the possibilities for this parlor game are nearly endless. The Justice Department has even suffered nearly 50 unanimous losses, half again as many as under George W. Bush or Bill Clinton. These cases have come in such disparate areas as criminal procedure, religious liberty, property rights, immigration, securities regulation, tax law, and the separation of powers. They have nothing in common other than incredible assertions of federal power. Are these really the kind of powers President Obama and his progressive enablers would want their worst enemies to have? Ilya Shapiro is a senior contributor to The Federalist. Follow him on Twitter, ishapiro.
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