Isabella Carter
Former US President Barack Obama has been accused of violating the US Constitution on numerous occasions during his two terms in office. Critics, including members of the Senate, have alleged that Obama's use of executive actions and recess appointments, as well as his administration's policies, contravened the principles of separation of powers and federal policy. These accusations highlight a contentious debate surrounding the interpretation and application of constitutional boundaries during Obama's presidency.
| Characteristics | Values |
|---|---|
| Delay of Obamacare's out-of-pocket caps | Delaying legislation without passing new laws |
| Delay of Obamacare's employer mandate | Delaying legislation without providing sufficient reason |
| IRS "be on the lookout" list | Targeting organizations with specific political views |
| Outlandish Supreme Court arguments | Extreme positions on federal power |
| Abuse of executive action | Going against Congress to implement policies |
| Violating religious liberty | Forcing religious organizations to go against their beliefs |
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What You'll Learn
Delay of Obamacare's out-of-pocket caps
In 2013, the Obama administration delayed the implementation of out-of-pocket caps for ObamaCare, which was listed by Forbes as one of President Obama's top ten constitutional violations of that year. The out-of-pocket caps were meant to limit the amount individuals and families had to spend on their own insurance. While this delay may have been sensible, as insurers and employers needed more time to comply with the rapidly changing regulations, changing the law requires legislation.
The delay was announced by the Labor Department in February, stating that health plans would be required to limit out-of-pocket spending for major medical coverage for the first time in 2014, and that this single limit would apply to additional benefits in 2015. An administration official stated that the delay would "protect consumers from the worst insurance company abuses, by banning discrimination based on pre-existing health conditions, ending lifetime and annual limits on what an insurance company will cover, and capping out-of-pocket spending to protect Americans and their families."
However, this delay faced criticism from Republicans, who argued that it highlighted the law's unworkability. Speaker John Boehner (R-Ohio) stated that "once again the president is giving a break to big businesses struggling with his health care law while individuals and families unfairly remain stuck under its mandates." Boehner also called on the Senate to take up a House measure delaying the individual mandate, stating that "American families deserve a break" from the law's mandates.
The delay of the out-of-pocket caps for ObamaCare underscored the challenges faced by the Obama administration in implementing the healthcare law, which was unpopular and misunderstood by the public. It also fueled GOP efforts to discredit and defund the law, with the Republican-controlled House voting for the 40th time to defund or repeal elements of ObamaCare before the August recess in 2013.
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Delay of Obamacare's employer mandate
In 2013, the Obama administration announced a delay in the implementation of Obamacare's employer mandate. This mandate required all companies with 50 or more full-time employees to provide complying insurance or pay a fine. The delay meant that the mandate would not go into effect until 2015, instead of the originally planned date of January 1, 2014. This delay was met with criticism from some, who argued that the administration did not have the authority to make such a change without congressional approval.
The delay in the employer mandate had several implications. Firstly, it was expected to drive up the cost of labor and increase unemployment. Secondly, it was predicted that more people would enroll in Obamacare's subsidized insurance exchanges, as employers might take this opportunity to restructure their workforces and avoid offering health coverage. Additionally, the delay caused concerns for businesses and taxpayers during the rollout of Obamacare, as it affected the realism of Congressional Budget Office (CBO) scores of government health spending.
The Obama administration provided a statutory authority for the delay, citing provisions that allow for the postponement of certain reporting requirements. However, this move was still considered by some as a violation of the Constitution, as changing the law typically requires actual legislation. The delay in the employer mandate was one of several delays and changes to Obamacare that sparked debates about the role of government in society and the balance of powers between the executive and legislative branches.
The delay in the employer mandate specifically affected companies with 50 to 100 full-time workers, who were now exempt from providing affordable health insurance to their employees until 2016. Smaller companies with fewer than 50 full-time employees were already exempt from this mandate. Additionally, the Treasury Department announced rule changes, including one that required larger companies with 100 or more employees to offer affordable insurance coverage to 70% of their full-time workers in 2015, instead of the originally proposed 95%.
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IRS be on the lookout list
In 2010, after witnessing an increase in the number of applications for tax-exempt status, the IRS compiled a "be on the lookout" (or "BOLO") list to identify organizations involved in political activities. This list included terms such as "Tea Party," "Patriots," and "Israel"; topics such as government spending, debt, and taxes; and activities such as criticizing the government, educating about the Constitution, or challenging Obamacare. This targeting continued through May 2013.
The inclusion of certain terms and topics on the IRS "be on the lookout" list has been cited as one of President Obama's constitutional violations. Critics argue that the list was used to target conservative groups and that the IRS delayed the processing of tax-exemption applications from these organizations. This delay resulted in these groups being unable to receive tax-deductible donations during the 2012 election cycle, potentially impacting their ability to influence the election.
While the exact number of times President Obama violated the Constitution is subject to debate and interpretation, some sources have compiled lists of what they consider to be his most significant constitutional violations during his time in office. These lists often include the IRS "be on the lookout" list incident as one of the top entries.
President Obama has been accused of showing a pattern of disregarding the Constitution, particularly in his second term. Critics argue that he has overstepped his executive powers and ignored the separation of powers, attempting to govern through executive action and administrative fiat rather than working with Congress to pass legislation. This has led to accusations of unilateral action and a disregard for the constitutional checks and balances designed to prevent an excess of power in any one branch of government.
In conclusion, the IRS "be on the lookout" list incident is often cited as an example of the Obama administration's controversial approach to political opposition and the Constitution. While the administration argued that the list was necessary to identify organizations engaged in political activities, critics maintain that it was an abuse of power that infringed on the rights of conservative groups. This incident contributes to the ongoing debate about the appropriate role of the government in regulating political speech and activity.
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Outlandish Supreme Court arguments
Between January 2012 and June 2013, the Supreme Court unanimously rejected the Justice Department's extreme positions nine times. These cases covered a wide range of topics, including criminal procedure, property rights, religious liberty, immigration, securities regulation, and tax law. The only common thread was the government's stance that federal power is virtually unlimited.
One notable instance of the Obama administration's outlandish Supreme Court arguments involved the issue of religious liberty. The administration's policies, such as the Affordable Care Act, were seen as compromising religious freedom. By ignoring Congressional intent and restricting the rights of religious individuals and organizations, the administration violated the Constitution and endangered the rights of millions of Americans.
Another example was the administration's delay of Obamacare's out-of-pocket caps and employer mandate. While the delay may have been sensible to allow insurers and employers time to adjust, changing the law required actual legislation, which the administration bypassed.
Furthermore, President Obama was accused of abusing executive power and granting mass amnesty to immigrants. He threatened to implement this policy without the support of Congress or the American people, bypassing the system of checks and balances established by the Framers of the Constitution. This action was seen as a violation of the separation of powers and an overreach of presidential authority.
The Obama administration also made controversial executive appointments, despite a lack of consent from the Senate and without following the proper procedures outlined in the Constitution. This action was seen as an abuse of power and a violation of the separation of powers.
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Abuse of executive action
In his first term, the Obama administration launched the "We Can't Wait" initiative, with senior aide Dan Pfeiffer explaining that "when Congress won't act, this president will." In his 2014 State of the Union address, Obama announced what he called a “year of action”, promising to take action where Congress wouldn't. Critics argued that these actions threatened the separation of powers established in the Constitution.
One notable example of Obama's alleged abuse of executive action was his plan to implement mass amnesty from immigration laws by executive fiat. This executive order was seen as an attempt to act without the support of Congress or the American people, as he waited until after the recent elections to avoid political consequences. Obama was also criticised for re-writing Obamacare deadlines at will and failing to enforce the Controlled Substances Act in some states.
In addition, Obama was accused of undermining the constitutional requirement that the executive branch answer for its actions to Congress and the American people. The Obama administration made misleading statements to Congress about Operation Fast and Furious, concealing the truth behind a claim of privilege. Obama was also criticised for ignoring the Constitution's protections of individual rights, including religious freedom, by mandating that employers pay for healthcare products and services that conflicted with their moral and religious beliefs.
While some defended Obama's actions as necessary to counter congressional inaction, others argued that his pattern of unilateral executive action threatened the system of checks and balances established by the Framers of the Constitution.
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Frequently asked questions
There is no definitive answer to this question, but Obama has been accused of violating the constitution on numerous occasions.
Obama has been accused of delaying Obamacare's out-of-pocket caps and employer mandate, threatening mass amnesty for illegal immigrants, abusing executive power, and ignoring the separation of powers.
On January 4, 2012, Obama made four controversial executive appointments without the Senate's consent. He also took unilateral action on immigration, claiming he could change laws by himself.
Obama's "We Can't Wait" initiative and his statements indicating his willingness to act without Congress suggest a disregard for the constitutional separation of powers and the legislative branch's role in lawmaking.
