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Authority for Mandate Delay Act

Floor Speech

By:
Date:
Location: Washington, DC

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Mr. GARRETT. Mr. Speaker, I thank the gentleman from Georgia.

The President's unilateral refusal to implement ObamaCare's employer mandate for 1 year presents us with a question: Can the President suspend a law that was enacted by Congress and signed into law by that President? On this question, the Constitution and the principles of this Republic could not be clearer. The answer is an emphatic no, he cannot. Article II, section 3--it's called the ``take care'' clause of the Constitution--imposes a duty upon the President to execute the laws of the land, regardless of the difficulty of enforcement or his displeasure of the law.

Not only has this President refused to enforce the law, but he has effectively rewritten the law, violating the separation of powers and infringing upon the exclusive right of this legislative body of this Congress.

The executive branch has no constitutional right to write a law or to rewrite the law. So by refusing to enforce and effectively rewriting it, the President is setting a dangerous precedent under which laws enacted by a democratically elected Congress will no longer have the force of law, but will instead be relegated to the status of mere recommendations, which the President may choose to ignore at his whim.

Mr. Speaker, this is not the rule of law; this is lawlessness, and that is why I have introduced House Concurrent Resolution 45 saying as much.

Finally, if President Obama finds ObamaCare to be as unworkable as he says it is, then he should call upon this Congress to do the right thing and to repeal the law immediately.

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