Isabella Carter
Former US President Barack Obama has been accused of violating the US Constitution during his presidency. Critics claim that Obama's administration abused its power, ignored the separation of powers, and made unconstitutional assertions of federal power. Obama's actions regarding healthcare legislation, religious freedom, internet regulation, and military actions have all been cited as potential violations of the Constitution. Some believe that Obama's mandate requiring businesses to provide abortion-inducing drugs and birth control measures violated religious freedom. Others point to the delay of Obamacare provisions and political favoritism in granting waivers as evidence of unconstitutionality. Obama's claims of kinetic military action and domestic surveillance have also been questioned. While supporters defend his commitment to civic discourse, critics argue that he blatantly violated constitutional strictures and ignored lawful limits on executive authority. These accusations sparked hearings and debates, with some believing Obama created a constitutional crisis.
| Characteristics | Values |
|---|---|
| Abuse of power | Operation Fast and Furious, mandate against religious freedom, politicization of hearings |
| Violation of the 1973 War Powers Act | Hundreds of missile strikes and dozens of air missions |
| Persecution of journalists | |
| Outlandish Supreme Court arguments | 45% win percentage, 50 unanimous losses |
| Delay of Obamacare | Delay of out-of-pocket caps, delay of employer mandate |
| Political favoritism | Granting of waivers to employers |
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What You'll Learn
Obama's mandate against religious beliefs
During his presidency, Barack Obama was accused of violating the Constitution in several ways. One of the most notable accusations centred around the Affordable Care Act, often referred to as "Obamacare", and its mandate requiring businesses to cover procedures that went against their religious beliefs.
The mandate required businesses to cover sterilization, abortion-inducing drugs, and other birth control measures, even if these practices conflicted with the religious beliefs of the business owners. This was seen by some as a direct blow to religious freedom and a violation of the First Amendment. The mandate sparked controversy and led to legal challenges, with opponents arguing that it forced individuals and organizations to violate their sincerely held religious beliefs.
In defence of the mandate, the Obama administration argued that it was necessary to ensure equal access to healthcare for all individuals, regardless of their employer's religious beliefs. They emphasized the importance of separating religious beliefs from the provision of public services, particularly when these services impact the lives and health of employees.
The controversy surrounding the Obamacare mandate highlights the complex interplay between religious freedom and the provision of healthcare. It also underscores the ongoing debates in the United States regarding the role of religion in public life and the boundaries between religious freedom and other civil liberties.
While the Obamacare mandate was one of the most prominent examples of the tension between the Obama administration and religious beliefs, it is important to note that the Obama administration also took significant steps to promote religious freedom globally. They prioritized efforts to protect religious freedom as a universal human right and worked to support individuals persecuted for their beliefs. The administration denounced severe violations of religious freedom, assisted governments in addressing shortcomings, and leveraged diplomatic tools to advance religious freedom abroad.
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Abuse of power
One of the main criticisms was Obama's apparent frustration with the separation of powers, which prevented him from making changes without congressional approval. In response, 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". This attitude was reflected in Obama's new economic plans, where he stated that "I will not allow gridlock, or inaction, or willful indifference to get in our way".
Obama was also accused of abuse of power in his handling of the Open Internet Rule, which forbade internet service providers from prioritising different kinds of internet traffic. While this was done in the name of "net neutrality", critics argued that it impinged on the First Amendment rights of internet service providers. The Federal Communications Commission (FCC) was also criticised for attempting to regulate the internet despite clear congressional instruction to the contrary.
Another example of alleged abuse of power was the granting of over 2,000 waivers to employers seeking relief from Obamacare's regulations. This was seen as political favouritism, as nearly 20% of the waivers went to businesses in former Speaker Nancy Pelosi's district, while GOP-controlled states were denied. This was viewed as a violation of constitutional and administrative law provisions, including equal protection and the "intelligible principle" needed for congressional delegation of authority to cabinet agencies.
Obama's administration also faced criticism for its performance before the Supreme Court, with a lower-than-average win percentage and a high number of unanimous losses. The Justice Department's arguments in these cases were seen as asserting unprecedented federal power, allowing the executive branch to act without constitutional restraint.
Additionally, Obama was criticised for his use of military power, particularly his authorisation of missile strikes and air missions, which he claimed did not trigger the War Powers Act (WPA) as they only constituted "kinetic military action" rather than war. This interpretation was controversial and seen as a potential violation of the WPA, which requires congressional notification and permission for prolonged military engagements.
Some also believed that Obama's mandate requiring businesses to provide abortion-inducing drugs and other birth control measures against their religious beliefs was a direct blow to religious freedom. This, it was argued, could gradually lead to citizens having a reduced view of their religious freedoms and believing that these rights are granted by the government rather than inherent.
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Unconstitutional military action
During his presidency, Barack Obama was accused of violating the US Constitution in several ways, including through his administration's military actions.
One of the most notable accusations relates to the 2011 military intervention in Libya. Obama authorised the use of US military forces in Libya, citing the need to protect civilians from potential atrocities committed by the Gaddafi regime. However, some members of Congress argued that Obama failed to comply with the War Powers Resolution of 1973. This resolution requires the President to obtain congressional authorisation for the use of military force within 60 days, with an extension of an additional 30 days to conclude military operations. Obama's administration argued that the US military actions in Libya, including airstrikes and missile strikes, did not constitute "hostilities" under the War Powers Resolution and, therefore, did not trigger the 60-day deadline for congressional authorisation. This interpretation was controversial and sparked intense debate about the President's war powers and the role of Congress in authorising military engagements.
Another point of contention was the Obama administration's use of drone strikes in countries such as Pakistan, Yemen, and Somalia. While the administration justified these strikes as necessary to combat terrorist threats, critics argued that the use of drones to target and kill individuals without explicit congressional authorisation or a declaration of war violated constitutional principles and international law. The targeted killing of US citizens, such as Anwar al-Awlaki, particularly sparked debates about due process and the President's authority to order extrajudicial killings.
Furthermore, the Obama administration's approach to national security and surveillance raised constitutional concerns. The expansion of domestic surveillance programmes by the National Security Agency (NSA) and the collection of metadata from US citizens' phone records sparked outrage. James Clapper, the Director of National Intelligence, faced criticism for allegedly lying to Congress about the extent of these surveillance activities. While the administration defended these programmes as crucial for national security, many legal scholars and civil liberties advocates argued that they infringed on Fourth Amendment rights protecting against unreasonable searches and seizures.
In addition to these specific instances, some critics characterised the Obama administration's overall approach to foreign policy and military engagements as an overreach of executive power. They argued that the administration's reliance on executive orders and unilateral actions circumvented congressional authority and weakened the system of checks and balances intended by the Constitution.
While there are differing interpretations and political motivations at play in these debates, the accusations of unconstitutional military action during the Obama administration highlight the ongoing tensions between presidential power and congressional authority in conducting US foreign policy and military operations.
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Violation of separation of powers
Some people believe that former US President Barack Obama violated the separation of powers during his presidency. The separation of powers is a key constitutional principle that divides the US federal government into three branches: the executive, the legislative, and the judiciary. Each branch has distinct and independent powers and areas of authority.
One of the main criticisms of Obama's presidency is that he allegedly ignored or evaded the lawful limits of executive authority. This criticism is evident in the "Obama Administration's Abuse of Power" hearings, where concerns were raised about the administration's conduct in the "Operation Fast and Furious" scandal and its initial statements to Congress. The administration's assertion of executive privilege in this case was seen as an attempt to ignore or evade lawful limits, revealing a determination to bypass the necessary oversight from Congress.
Another instance where Obama allegedly went against the separation of powers relates to his administration's performance before the Supreme Court. During his presidency, the Justice Department suffered numerous unanimous losses, with arguments that asserted incredible federal powers. These cases covered areas such as criminal procedure, religious liberty, property rights, immigration, securities regulation, and tax law. The government's arguments across these cases suggested a desire to allow the executive branch to act without constitutional restraint, potentially enabling it to "do whatever it wants."
Furthermore, Obama's "We Can't Wait" initiative, announced by senior aide Dan Pfeiffer, indicated a willingness to act without congressional approval. This initiative, along with Obama's statements about his economic plans, suggested a frustration with the separation of powers and a desire to bypass congressional acquiescence.
In addition, Obama's administration was criticized for its handling of the Open Internet Rule, also known as "net neutrality." Despite clear congressional instructions to keep the internet unregulated, the Federal Communications Commission (FCC) manufactured the authority to regulate the internet. The FCC's actions impinged on First Amendment rights and represented a creative interpretation of existing laws to expand their discretionary powers.
These instances, among others, have led some to believe that Obama violated the separation of powers and went against the constitutional limits of executive authority during his presidency.
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Unconstitutional Supreme Court arguments
During his presidency, Barack Obama was accused of violating the Constitution in several ways. One of the main accusations centred on his administration's performance before the Supreme Court, with critics arguing that their arguments demonstrated a disregard for constitutional restraints on executive power.
Between January 2012 and June 2013, the Supreme Court unanimously rejected the Justice Department's positions nine times, with cases spanning criminal procedure, property rights, religious liberty, immigration, securities regulation, and tax law. Critics claimed that the Obama administration's arguments reflected a belief in virtually unlimited federal power. This perception was further reinforced by the administration's overall low win percentage in the Supreme Court, hovering around 45%, significantly lower than the historical norm of 60-70%.
Another example of Obama's alleged unconstitutional behaviour was his handling of the War Powers Act (WPA). Every president since its enactment has claimed that the WPA is an unconstitutional limit on executive authority over military power. Obama, however, claimed that hundreds of missile strikes and air missions didn't trigger the WPA because they constituted "kinetic military action" rather than war. This interpretation was controversial and seen by some as a further example of executive overreach.
Additionally, Obama was accused of violating the Constitution through his administration's implementation of Obamacare. There were allegations of political favouritism, with certain states and districts receiving preferential treatment in the form of waivers and exemptions from Obamacare's regulations. This was seen as a violation of constitutional principles of equal protection and the "intelligible principle" required for congressional delegation of authority to cabinet agencies. Furthermore, the Obama administration delayed certain provisions of Obamacare, such as out-of-pocket caps and the employer mandate, without seeking the necessary legislative changes, which some argued was an overstep of executive power.
The Obama administration's stance on religious freedom was also contentious. Obama's mandate requiring businesses to provide coverage for sterilization, abortion-inducing drugs, and birth control measures was seen by some as a direct blow to religious freedom and an attempt to redefine citizens' expectations of their religious freedoms.
These examples, among others, formed the basis for accusations that Obama had gone against the Constitution during his presidency. Critics claimed that his actions and policies reflected an abuse of power and a disregard for the separation of powers and constitutional restraints.
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Frequently asked questions
Some believe that Obama violated the Constitution with the ACA by delaying the implementation of certain provisions without the required legislation, granting waivers to certain employers seeking relief from the ACA's regulations, and paying insurance companies for losses caused by the ACA without the necessary congressional appropriation.
Obama's mandate that businesses cover sterilization, abortion-inducing drugs, and other birth control measures against their religious beliefs is seen as a direct blow to religious freedom.
Obama's "We Can't Wait" initiative and statements about not letting "congressional gridlock" get in his way indicate a willingness to act without congressional acquiescence, potentially violating the separation of powers.
Obama's administration was accused of ignoring congressional notification requirements under the 1973 War Powers Act and pursuing an aggressive posture towards journalists, potentially infringing on First Amendment freedoms.
