DeSantis: President has Usurped Congressional Authority

Press Release

Date: Nov. 20, 2013
Location: Washington, DC

In response to President Barack Obama's repeated decisions to delay and rewrite provisions of the Affordable Care Act by executive fiat, Rep. Ron DeSantis (FL-06) today introduced a House resolution disapproving of the failure of President Barack Obama to fulfill his duty under Article II, Section 3 of the Constitution to "take Care that the Laws be faithfully executed" and the usurpation of the legislative authority of Congress.

The President has delayed the implementation of the Affordable Care Act's employer mandate and has publicly declared that the administration will "extend" the legislation's grandfather clause to those insurance plans not covered by the statute's text. The Constitution does not delegate legislative authority to the President to rewrite, amend or delay duly-enacted, constitutional laws. Furthermore, lawfully passed changes to the Affordable Care Act codifying the President's changes to the law have been met with veto threats from the White House.

"The separation of powers represents a fixed star in our constitutional constellation, and the Constitution is clear that "all legislative Powers herein granted shall be vested in a Congress of the United States,'" DeSantis said. "The President has a duty to take care that the laws enacted by Congress are faithfully executed; he cannot suspend, delay or amend duly-enacted laws by executive fiat. The Constitution's structural safeguards are designed to protect individual liberty and to preserve the rule of law. The House must express its disapproval of the President's actions and defend its constitutional prerogatives."

This resolution:

· Disapproves of the President's failure to "take Care that the Laws be faithfully executed" as required by the Constitution;

· Disapproves of the President's usurpation of the legislative power of Congress through the rewriting of key provisions of the Patient Protection and Affordable Care Act; and

· Reaffirms that the preservation of the Constitution's separation of powers is essential for the protection of individual liberty and the maintenance of the rule of law.