Our federal system of government is rooted in the idea that three separate, but equal branches of government hold each other accountable and prevent any one branch from becoming too powerful. Congress creates the laws, the President enforces the laws and the courts uphold the laws. These checks and balances were created to maintain a thriving democracy, where the power to change the country resides with her people.
The Constitution clearly spells out each branch's role and responsibility to fulfill its duties and ensure that democracy can flourish. Take for example Article II, Section 3, which states that the President "shall take care that the laws be faithfully executed." This means that--like them or not--the President is obligated to enforce laws that are passed by Congress. Ignoring them is not a legal option.
Unfortunately, many times in the past few years, the Administration has attempted to skirt this constitutional responsibility. It has repeatedly ignored or delayed laws on the books, including laws it helped to push through Congress, and it has blatantly stated that it will not enforce certain federal laws that it either doesn't agree with or finds politically inconvenient.
The President doesn't have to like the laws that Congress passes, but he does have to enforce them. Failing to do so amounts to an Executive power grab that strips the people of their voice by ignoring their elected representatives in Congress. So this week, I cosponsored a bill to strengthen our system of checks and balances and ensure that the power stays with the citizens. The "Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law (ENFORCE the Law) Act" allows the House of Representatives, the Senate or both, to take the Executive Branch to court whenever it fails to follow through with its constitutional responsibility to faithfully enforce the law. It also provides for a fast-track appeals process, allowing the U.S. Supreme Court to weigh in on a challenge in a timely manner. A similar bill was passed in the House last week, and I am urging my colleagues in the Senate to do the same.
This bill addresses this administration's failure to enforce federal laws. The President continuously cherry picks portions of his own health care law to ignore or delay. Several times now, he's granted reprieves to businesses facing onerous new challenges that stem from Obamacare, but he has decided to make American families fend for themselves. Clearly the President agrees that portions of this law are harmful to at least some Americans, yet he refuses to work with Congress to change it.
The President has also turned a blind eye to immigration laws throughout his tenure. Just last week, he asked the Department of Homeland Security to explore new ways to decrease the number of deportations of illegal immigrants. The Administration unilaterally announced last August that it would not enforce minimum sentencing standards for certain drug offenders. The list goes on.
If the President has concerns with certain laws on the books, he should come to Congress and seek changes through the proper process outlined in our Constitution. But ignoring the law is not a legal option at his disposal, and it is dangerous for democracy.