Obama’s Dangerous Hypocrisy
Feb 23, 2012
As published by the Deseret News:
This year America will celebrate the 225th anniversary of our Constitution. Its legal framework of checks and balances, enumerated powers, and individual rights has helped create and maintain the freest, most prosperous nation in history.
As a United States Senator, I pledged an oath to uphold and defend the Constitution. It is because of my fidelity to this oath and my commitment to protecting liberty through constitutional government that I recently made public my tremendous disappointment with President Obama’s decision to ignore the constitutional limitations of his office.
Earlier this year, the President made an appointment to head a controversial new agency known as the Consumer Financial Protection Bureau, and filled three vacancies at the National Labor Relations Board.
The Constitution specifies that the President may appoint nominees with the “advice and consent” of the Senate, and that in exceptional circumstances he may make appointments when the Senate remains in a lengthy period of recess. Neither of these constitutional requirements was satisfied at the time the President made the appointments.
In doing so, the President violated the fundamental system of checks and balances enshrined in our Constitution that protect against the dominance of one branch of government over another.
I take this violation seriously, as must all Americans. To allow the President to take power that does not belong to him without consequence is a step toward tyranny.
Not too long ago, Democrats understood the importance of preserving the Senate’s shared role in the appointments power. From December of 2007 to January of 2008, the Democratic-controlled Senate used procedural tactics to prevent President Bush from making recess appointments during the normal Christmas break.
On January 18, 2008, Senator Ben Cardin from Maryland in a press release wrote, “This rare procedural step has been necessary to prevent the Administration from making recess appointments to circumvent the Senate's responsibility of ‘advice and consent’ of senior government officials.”
Senator Jim Webb of Virginia said that such recess appointments would break with “a really important principle” and amount to “violating the intent of the [appointments] provision of the Constitution.”
Senator Byron Dorgan of North Dakota explained that President Bush wanted to make "appointments that could not possibly be confirmed by the Senate ... through recess appointments and we aren't going to let them do that."
These Democratic Senators were exercising an authority well within their rights as members of a coequal branch of government. They correctly concluded that the White House was attempting to thwart their constitutional authority and they took action to retain that power.
Even then-Senator Barack Obama once respected and defended the constitutional role of the Senate in the appointments process. “There are some who believe that the President, having won the election, should have complete authority to appoint his nominee,” the future president explained. “I disagree with this view. I believe firmly that the Constitution calls for the Senate to advise and consent.”
Today, the President cares nothing for the wisdom of the Founding Fathers nor feels restrained by clear constitutional limitations. Unlike President Bush, who made no such intrasession recess appointments, President Obama took the unprecedented step of flouting constitutional guidelines, as well as nearly 100 years of Senate procedure, and installed his appointments unilaterally.
This is a dangerous hypocrisy that threatens our liberty and I will not sit idly by and allow the President to trample the legitimate constitutional limitations placed on his office.
Ours is not a government of one. The Constitution isn't always efficient, but for nearly 225 years it has protected our God-given rights from would-be despots and self-styled monarchs.
It is our fundamental law and I am duty-bound to uphold it. The American people deserve better than to have the Constitution overlooked.
More From The State Legislature -- Day Lee Briefing 02/23/12
Feb 23, 2012
Today’s Agenda
Today, Senator Lee is in Utah to meet with constituents.
From the Senator’s Desk
Photos of Senator Lee delivering his annual report to the state legislature:
On Twitter
SenMikeLee
VIDEO: Obama ‘Manifestly Wrong’ on U.S. Constitution, Says Sen. Mike Lee http://blog.heritage.org/2012/02/14/video-obama-manifestly-wrong-on-u-s-constitution-says-sen-mike-lee/ via @heritage
SenLeeComs
Lee Tells State Lawmakers, Fight For Access to Lands http://bit.ly/ziBOuJ | Also delivers his 500-page annual report to Utahns #utpol #utleg
SenLeePressSec
Lee visited the State Capitol yesterday, discussing states rights, bipartisanship, and getting "carded": http://bit.ly/xwUpqD #utleg #utpol
SenLeeResearch
Photos of @SenMikeLee personally delivering his annual report to the Utah state legislature: http://bit.ly/y5qhj0 #utpol #utleg #utah #tcot
Around the Water Cooler
'Friends of Syria' consider ultimatum to Assad
The United States, Europe and Arab nations are preparing to demand that Syrian President Bashar Assad agree within days to a ceasefire and allow humanitarian aid into areas hardest hit by his regime's brutal crackdown on opponents.
Economists don't like some of Obama's corporate tax plan
Cutting corporate tax rates and deleting loopholes is just what most economists prescribe for the tangled U.S. tax code
So why isn't everyone cheering the plan President Barack Obama unveiled Tuesday to slash the top corporate tax rate and end breaks that let some companies pay little or nothing in taxes?
Photos From Delivering Annual Report to State Legislature
Feb 22, 2012
Today, I visited the Utah state legislature to personally deliver a copy of my 2011 annual report to every legislator and every constitutional officer. I also addressed both the House and the Senate from their respective floors. Photos of the event are below.
Addressing the Utah State Legislature -- Day Lee Briefing 02/22/12
Feb 22, 2012
Today’s Agenda
Today, Senator Lee will address the Utah State House of Representatives at 1:00 PM EST (11:00 AM MST) and the Utah State Senate at 1:20 PM EST (11:20 AM EST).
From the Senator’s Desk
On Twitter
SenMikeLee
"I rise today in opposition to this nomination." Continuing the fight to protect Constitution's separation of powers: http://ow.ly/8YKeY
SenLeeComs
President’s ‘Recess’ Picks Set Dangerous Path: Roll Call Opinion http://bit.ly/AgNqs5
SenLeePressSec
OP-ED: Protecting our constitutional right of checks and balances (via @deseretnews) http://bit.ly/wwcwyz #utpol
SenLeeResearch
Can't update often enough: #Greek 1-year bond breaks 750% http://bloom.bg/q9Vq04 #europe #euro #eu #greece #tcot #tlot
Around the Water Cooler
Utah lawmakers eye federal control of state lands
A group of Utah lawmakers is ready to take on the federal government over the transfer of federal lands to the state, citing a promise made 116 years ago when Utah gained statehood.
The 1980s and 1990s are Coming Back, So Says Obama's CEA
President Obama’s budget released last week naturally has lots of people agog. Its plan, outrageous on its face, is to take spending past $4 trillion and as much as double the income tax on high-earners, while supervising strong real-sector growth and a deficit cut down by two-thirds.
Looking Ahead
This week, Senator Lee is in Utah to meet with constituents.
The Importance of the Constitution -- Day Lee Briefing 02/21/12
Feb 21, 2012
Today’s Agenda
Today, Senator Lee is in Utah to meet with constituents.
From the Senator’s Desk
On Twitter
SenMikeLee
VIDEO: Obama ‘Manifestly Wrong’ on U.S. Constitution, Says Sen. Mike Lee http://blog.heritage.org/2012/02/14/video-obama-manifestly-wrong-on-u-s-constitution-says-sen-mike-lee/ via @heritage
SenLeeComs
Sen Lee op-ed on Obama's unconstitutional appointments via @deseretnews #utpol http://www.deseretnews.com/article/765551843/Protecting-our-constitutional-right-of-checks-and-balances.html
SenLeePressSec
Reid Threatens GOP with Recess Appointments of Obama Nominees: http://bit.ly/w1T1xN (via @Newsmax_Media)
SenLeeResearch
As true for FY2013 as it was for FY2012: http://bit.ly/x4OcuF #tcot #tlot #deficit #debt #spending #budget
Around the Water Cooler
‘We can’t wait’: Utah lawmakers ratchet up fight for federal lands
Utah lawmakers proposed aggressive steps Tuesday to wrest away control of millions of acres of federal lands, a move they said could bring billions of dollars to the state and an almost certain protracted court battle.
“It’s been 116 years that we’ve waited. We can’t wait any longer,” said Rep. Ken Ivory, R-West Jordan. “Our children can’t wait any longer.”
Iran threatens preemptive action
Iran warned Tuesday it would strike against an "enemy" threatening it if needed to protect its national interests -- even if the enemy didn't attack first.
Looking Ahead
Tomorrow, Senator Lee will address the Utah State House of Representatives at 1:00 PM EST (11:00 AM MST) and the Utah State Senate at 1:20 PM EST (11:20 AM EST).
Lee Responds to Sen. Reid’s Threats on “Recess” Appointments
Feb 17, 2012
WASHINGTON – This afternoon Senate Majority Leader Harry Reid (D-Nevada) openly threatened Senate Republicans who are opposing presidential nominees based on President Obama's unconstitutional use of his recess appointment power. In a speech on the Senate floor, Reid said that unless Republicans changed course, he would "recommend to the president he recess appoint all these people, every one of them."
“It is odd, to say the least, for the Senate Majority Leader to suggest that unless we stop responding to the President's unconstitutional actions, more unconstitutional actions will follow,” said Senator Lee. “Senator Reid has condoned and encouraged further use of President Obama's unprecedented practice of making unconstitutional ‘recess’ appointments even when the Senate does not consider itself to be in recess. As Majority Leader, Senator Reid has a responsibility to defend the rightful prerogatives of the Senate against encroachment by the President. His failure has the potential to last long beyond this Administration or any partisan gains for the Democrats."Lee Delivers Remarks on Obama's Unconstitutional Appointments
Feb 17, 2012
WASHINGTON—Today, Senator Mike Lee (R-UT) delivered the following remarks on the Senate floor regarding his position on President Obama's unconstitutional appointments:
"On January 4, 2012, President Obama bypassed the Senate’ s constitutional right to advise and consent to nominees and instead unilaterally made appointments to the Consumer Financial Protection Bureau and National Labor Relations Board. He purported to do so under the Constitution’s Recess Appointments Clause, even though at the time of the appointments the Senate was holding pro-forma sessions approximately every 72 hours.
"If allowed to stand, President Obama’s unprecedented and unconstitutional assertion of the recess appointment power could result in presidents of both parties routinely circumventing the Senate’s Advice and Consent function and thus depriving the people’s representatives of an essential constitutional check on the executive branch. President Obama’s actions also violate the Constitution’s separation of powers. He has asserted the unilateral power to override Congress’s own determination of when it is in session. At an absolute minimum, the Senate’s institutional prerogatives demand that we be allowed to make our own rules, and yet President Obama’s actions would deprive our body of even that basic right.
"In the past, I have given the President’s judicial nominees great deference. Both in the Judiciary Committee and on the floor, I have voted in favor of the vast majority of President Obama’s nominees, including many which whom I fundamentally disagree.
"But I can do so no more. The Founders expected that each branch of government would exercise the necessary constitutional means to resist encroachments by the other branches. Among those constitutional means is the Senate’s Advice and Consent function, which I exercised today by voting against a nominee that otherwise might have received my support. Thirty three other Senators did the same.
"The President cannot expect the Senate’s full cooperation at the same time that he does violence to this body’s constitutional prerogatives. The threshold for confirming President Obama’s nominees must change accordingly. Simply put, there is a new standard for confirmation.
"Both today, and in the coming days, I will join with other Senators to act as a check on the President’s unconstitutional conduct by voting against some nominees. I expect that many of my Republican colleagues, and in time some of my Democratic colleagues, will rise in defense of the Constitution and vote against President Obama’s nominees until such time that he takes actions to restore the Senate’s full constitutional right to advise and consent to his nominees. "
"On January 4, 2012, President Obama bypassed the Senate’ s constitutional right to advise and consent to nominees and instead unilaterally made appointments to the Consumer Financial Protection Bureau and National Labor Relations Board. He purported to do so under the Constitution’s Recess Appointments Clause, even though at the time of the appointments the Senate was holding pro-forma sessions approximately every 72 hours.
"If allowed to stand, President Obama’s unprecedented and unconstitutional assertion of the recess appointment power could result in presidents of both parties routinely circumventing the Senate’s Advice and Consent function and thus depriving the people’s representatives of an essential constitutional check on the executive branch. President Obama’s actions also violate the Constitution’s separation of powers. He has asserted the unilateral power to override Congress’s own determination of when it is in session. At an absolute minimum, the Senate’s institutional prerogatives demand that we be allowed to make our own rules, and yet President Obama’s actions would deprive our body of even that basic right.
"In the past, I have given the President’s judicial nominees great deference. Both in the Judiciary Committee and on the floor, I have voted in favor of the vast majority of President Obama’s nominees, including many which whom I fundamentally disagree.
"But I can do so no more. The Founders expected that each branch of government would exercise the necessary constitutional means to resist encroachments by the other branches. Among those constitutional means is the Senate’s Advice and Consent function, which I exercised today by voting against a nominee that otherwise might have received my support. Thirty three other Senators did the same.
"The President cannot expect the Senate’s full cooperation at the same time that he does violence to this body’s constitutional prerogatives. The threshold for confirming President Obama’s nominees must change accordingly. Simply put, there is a new standard for confirmation.
"Both today, and in the coming days, I will join with other Senators to act as a check on the President’s unconstitutional conduct by voting against some nominees. I expect that many of my Republican colleagues, and in time some of my Democratic colleagues, will rise in defense of the Constitution and vote against President Obama’s nominees until such time that he takes actions to restore the Senate’s full constitutional right to advise and consent to his nominees. "
Lee: Assault on Religious Liberty Highlights Need to Repeal ObamaCare
Feb 16, 2012
The assault on religious conscience by the White House highlights the imperative of repealing ObamaCare. We know it will raise premiums. We know it will require higher taxes. We know it will kill jobs. And the more we start to peel back the layers of this 2,700 page onion, the more we learn how it encroaches on our basic freedoms and constitutionally guaranteed liberties. The most recent discovery is the attempt, by this administration, to mandate that all insurance plans cover contraception, sterilization, and morning-after pills that induce abortion. The government has no right to force individuals, companies or organizations to purchase or provide a product or service that stands in contradiction with deeply held religious and moral beliefs. We cannot stand for this violation of personal and religious liberty. Together with improving our economy and creating jobs, repealing ObamaCare must remain a top priority.
Obama's Failed Small Business Tax Policy -- Day Lee Briefing 02/16/12
Feb 16, 2012
Today’s Agenda
Today, Senator Lee will attend a breakfast hosted by the Aspen Institute. He will also meet with representatives of Enefit and the American Association for Homecare.
From the Senator’s Desk
Courtesy of the Republican Policy Committee:
The White House released a “fact sheet” this morning on a Treasury budget proposal that attempts to expand and simplify Obamacare’s small business tax credit. The proposal comes after a recent report from the Treasury’s Inspector General finding only 228,000 taxpayers claimed the credit as of May 2011 – far less than the 4 million some outside groups were claiming could receive the credit.
Implementation Failure
The IRS spent nearly $1 million in taxpayer funds to pay for 4 million postcards promoting the tax credit. The mailings did not help. The credit, like the President’s health care law itself, is bureaucratic and poorly constructed. Republicans pointed that out more than a year ago that this credit was too complex to be of much assistance to small businesses. Independent experts agree – the non-partisan Congressional Budget Office said before the law passed that only 12 percent of individuals with small business coverage would actually benefit from the credit. The Treasury Inspector General reported that “there are multiple steps to calculate the Credit, and seven worksheets must be completed in association with claiming the Credit.”
Costs on Small Businesses
The President’s health care law’s small business tax credit is having a nonexistent effect on most small businesses. The law is actually imposing new costs and burdensome regulations on businesses.
This week a Gallup survey found 48% of small businesses are not hiring because of the potential cost of health care, and 46% are not hiring because of concerns over government regulations – and both of these problems are due in large part to Obamacare.
The law imposes nearly $800 billion in higher taxes and dozens of new insurance mandates, each of which could raise premium costs by 1-3 percent. An article in the New York Times highlighted the skyrocketing premium increases faced by small businesses, profiling small firms hit with premium increases of 20, 40, even 60 percent or more.
Another Failed Promise
The Administration is belatedly admitting that one part of the President’s health care law is bureaucratic, complicated, and harming small businesses. It would be much better for the Administration to admit that the entire law is, as one analyst put it, “arguably the biggest impediment to hiring, particularly hiring of less skilled workers.”
From the Whip
The Senate will convene at 10:00am and will be in morning business for 1 hour. Following morning business, the Senate will resume consideration of S. 1813, the Highway bill.
As of now, there is no path forward on the Highway bill. Many amendments are filed but the Senate has yet to begin an amendment process.
Reminder - The amendment tree has been filled and cloture has been filed on the Reid amendment #1633. Under cloture rules, this vote will occur on Friday morning one hour after the Senate convenes. Cloture was also filed on executive calendar #366, Jesse M. Furman, of New York, to be United States District Judge for the Southern District of New York. If the cloture vote fails on the Reid amendment #1633, the Senate will immediately move to the cloture vote on the nomination.
As for the Payroll conference report agreement, the House has still not filed the paper work but it is expected to be filed soon. At the moment, it is still unclear when the House will vote. Regardless of when the House votes, it will take unanimous consent in the Senate for the payroll package to come to a vote without going through the cloture process. So, stay tuned for details.
On Twitter
SenMikeLee
President Obama's call for $1.9 trillion in tax hikes = #dropinthebucket of the $11 trillion in new debt he wants:
SenLeeComs
Obama's doormat: the U.S. Constitution http://thedc.com/wHLufO via @DailyCaller #Recessgate
SenLeePressSec
. @SenMikeLee is talking to the Utah #EnergySummit from his DC office http://pic.twitter.com/HDlyV860
SenLeeResearch
#Debt crisis in #Europe "now borders on quantum physics for its complexity": bit.ly/xAwMTx #deficit #BBA #strongBBA #tcot #tlot #euro
Around the Water Cooler
Nigerian underwear bomber gets life in prison
A federal judge ordered life in prison Thursday for a young Nigerian man who turned away from a privileged life and tried to blow up a packed international flight with a bomb concealed in his underwear.
Payroll tax deal heads to final House, Senate votes
A bipartisan group of congressional negotiators signed off on an agreement Thursday to extend the payroll tax cut and unemployment benefits while avoiding a fee cut for Medicare doctors for the rest of the year.
Looking Ahead
Tomorrow, Senator Lee will finish this week’s business in Washington before flying back in Utah to meet with constituents.
Utah Energy Summit -- Day Lee Briefing 02/15/12
Feb 15, 2012
Today’s Agenda
Today, Senator Lee will attend both a prayer breakfast at 8:00 AM EST and the National Guard Caucus Breakfast at 8:30 AM EST, host a special Valentine’s Jell-O bar in his office at 3:30 PM EST, speak to the Utah Energy Summit via Skype at 5:30 EST (3:30 MST), and attend the Capitol Hill Eagle Scout reception after the speech. He will also meet with representatives of the Utah Medical Association, the American Federation of Government Employees, the Utah Local Taxpayer Advocate, the American Principles Project, Hyundai, and the Northwest Commission on Colleges and Universities
From the Senator’s Desk
On Twitter
SenMikeLee
VIDEO: Obama ‘Manifestly Wrong’ on U.S. Constitution, Says Sen. Mike Lee http://blog.heritage.org/2012/02/14/video-obama-manifestly-wrong-on-u-s-constitution-says-sen-mike-lee/ via @heritage
SenLeeComs
VIDEO: Obama ‘Manifestly Wrong’ on U.S. Constitution, Says Sen. Mike Lee http://blog.heritage.org/2012/02/14/video-obama-manifestly-wrong-on-u-s-constitution-says-sen-mike-lee/ via @heritage
SenLeePressSec
Thanks to the Valley Voices of Moab, who called our office with a fantastic singing telegram yesterday! http://bit.ly/xCwmus (@moabtimes)
SenLeeResearch
.@SenMikeLee says the #Constitution is more important than partisanship: http://bit.ly/zyxs9g #tcot #tlot #recessgate
Around the Water Cooler
GOP pushes back against any further cuts in nukes
Congressional Republicans on Wednesday vowed to block the Obama administration from sharply cutting the U.S. nuclear force, calling potential reductions of as much as 80 percent in the number of deployed weapons "reckless lunacy."
Iran flaunted a new generation of centrifuges and mastery of the nuclear fuel cycle Wednesday as President Mahmoud Ahmadinejad, clad in a white lab coat, was on hand to load domestically made fuel rods into the core of a Tehran reactor.
Looking Ahead
Tomorrow, Senator Lee will attend a breakfast hosted by the Aspen Institute. He will also meet with representatives of Enefit and the American Association for Homecare.
