Wintery Knight

…integrating Christian faith and knowledge in the public square

Thirteen cases where the Obama administration has acted outside the law

This is the most popular article on Investors Business Daily.

Excerpt:

  1. Aug. 14, 2013: The Obama administration delayed the provision in ObamaCare to cap out-of-pocket health care costs, picking and choosing parts of the law to enforce, which is to exceed its authority.
  2. July 17, 2013: The 4th Circuit Court of Appeals joined the federal appeals courts in D.C. and Philadelphia in ruling President Obama’s National Labor Relations Board recess appointments — who by law must be approved by Congress — were unconstitutional. Thus far, the president has ignored the ruling.
  3. July 1, 2013: The Obama administration unilaterally decided to delay the employer mandate provision of ObamaCare for a year, which is to provide information to the feds about the extent of an applicant’s insurance. Never mind that the law states the mandate must go into effect on Jan. 1, 2014 — they are now relying on the “honor system” from applicants to determine if they are qualified for subsidies.
  4. June 25, 2013: The Supreme Court ruled in Shelby County v. Eric Holder that Section 4 of the Voting Rights Act is “unconstitutional” and that “the formula can no longer be used as a basis for subjecting jurisdiction to preclearance.” Instead of complying with the ruling, Holder filed suit to order Texas to submit to preclearance, in defiance of Congress’ authority to legislate and the Supreme Court’s authority to rule on the constitutionality of the law.
  5. June 15, 2012: The Obama administration announced it will stop deporting illegal immigrants under the age of 30 in a “deferred action” policy to circumvent immigration laws. This comes after Congress rejected a similar measure about a year ago. Since then, more than 500,000 illegals have received the deferment and only 20,000 have been rejected. As for the law-abiding applicants who have been waiting in line, well, that’s Obama’s idea of “lawfulness.”
  6. May 20, 2013: A Washington Post article revealed that Fox News reporter James Rosen was investigated by the DOJ, which subpoenaed his phone records and emails in direct contravention of the First Amendment under the pretense of a leak investigation.
  7. May 13, 2013: AP reported the DOJ secretly collected phone records of AP reporters and editors, a move completely outside the realm of law. Even the AP — which up until then had been pretty submissive to the Obama agenda — was appalled by the breach.
  8. May 10, 2013: The IRS revealed it targeted conservative groups applying for tax-exempt status beginning in March 2010, a direct targeting of political opponents through the tax laws. It’s one of the crimes that led Congress to impeach President Nixon.
  9. May 3, 2011: When asked when he first heard of Operation Fast and Furious, Attorney General Eric Holder falsely testified, “I’m not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks.” Head of the National Drug Intelligence Center Michael Walther told Holder about Fast and Furious in a July 2010 memo. Subsequent revelations showed he knew all along.
  10. March 27, 2012: EPA issued final rules regulating greenhouse gas emissions on electric utilities that require power plants to use nonexisting carbon capture-and-control technology to meet new emission standards, in defiance of the Congress’ rejection of cap-and-trade legislation.
  11. April 23, 2012: The administration postponed Medicare Advantage cuts by calling them a “demonstration project” and used funds not approved by Congress to delay effects of those cuts before the election.
  12. March 1, 2011: Attorney General Holder lied to Congress, saying “decisions made in the New Black Panther Party case were made by career attorneys in the department.” Associate A.G. Thomas Perrelli, an Obama political appointee, overruled a unanimous recommendation for prosecution by DOJ attorneys.
  13. Feb. 3, 2010: Judge Martin Feldman held the Obama administration in contempt for re-imposing an offshore drilling moratorium that was struck down by the courts.

Thomas Sowell talks about the political left in his books “The Vision of the Anointed” and “A Conflict of Visions”. He presents the view that the left believes that they are the “anointed”. They are morally superior, and therefore they do not have to care about the rule of law or consequences or the criticisms of the opposition, when they are implementing their policies. When the policies fail, they never blame themselves, they just go outside the law even more. You can see this in socialist regimes in other times and places. It can never be the case that the schemes of the anointed are wrong-headed. The solution is always to act more and more lawlessly, and to silence, coerce and purge all opposition until the policies work.

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