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.
Lee Introduces Pain-Capable Abortion Restriction in DC
Feb 15, 2012
WASHINGTON - Yesterday, Senator Mike Lee introduced legislation that would prohibit abortions in Washington, D.C. after the 20th week of pregnancy, the point at which doctors say a child has developed the ability to experience pain. The “District of Columbia Pain-Capable Unborn Child Protection Act” is modeled on legislation passed in Nebraska, Kansas, Idaho, Oklahoma, and Alabama. There are no current restrictions on abortions in the District.
“Protecting unborn children from experiencing pain should not be controversial,” said Senator Lee. “Similar laws have already been passed in multiple states. With respect to the Federal District, Congress not only has the responsibility to act immediately, but also the undisputed authority to do so.
“Over the years, science has developed the ability to determine when an unborn child can experience pain. On this basis, I hope we are able to reach broad consensus where science has moved forward. While I will continue to fight for further protection of life, there is no justifiable reason for anyone to oppose this specific level of protection.”
The Threat of Debt -- Day Lee Briefing 02/13/12
Feb 13, 2012
Today’s Agenda
Today, Senator Lee will fly back to Washington.
From the Senator’s Desk
On Twitter
SenMikeLee
Just had the best burger and fries at Flaming Gorge Cafe in Manila, UT.
SenLeeComs
The Energy Freedom and Economic Prosperity Act: A good model for ending energy subsidies http://bit.ly/z69wak
SenLeePressSec
MT @Redertainment: Just heard office of @SenMikeLee about email I sent. pleasantly surprised by this and thank him for getting back to me.
SenLeeResearch
.@SenMikeLee says the #Constitution is more important than partisanship: http://bit.ly/zyxs9g #tcot #tlot #recessgate
Around the Water Cooler
Obstacles remain for Greek bailout deal
Greece faces further hurdles and delays before it can receive a second, €130 billion ($171 billion) bailout in spite of its lawmakers voting through more austerity measures in the face of violent protests.
GM Profits, but Taxpayers Are Still on the Hook: Shikha Dalmia
Three years after being rescued by a taxpayer bailout, General Motors (GM) last week announced some rather ambitious profit targets for 2012. But even if it meets these targets -- a big if -- taxpayers should not wait on one foot to recover their remaining “investment” in the company.
Looking Ahead
Tomorrow, Senator Lee will meet with representatives of Chipotle and the National Association of Broadcasters. He will also hold a Utah tele-press conference at 5:30 PM EST (3:30 MST).
Heritage Speech on President Obama's Unconstitutional "Recess" Appointments
Feb 13, 2012
I spoke today at the Heritage Foundation regarding the president's unconstitutional appointments and the theft of power that belongs to the people and is to be exercised by their representatives in the Senate. A transcript of my remarks is below. At the bottom of the page is a downloadable file with the transcript including the relevant footnotes.
LEE: President’s Budget ‘Irresponsible and Shameful’
Feb 13, 2012
President Obama's budget outline is irresponsible and shameful
Continuing the Fight -- Day Lee Briefing 02/10/12
Feb 10, 2012
Today’s Agenda
Today, Senator Lee is in Utah to meet with constituents.
From the Senator’s Desk
On Twitter
SenMikeLee
Read my op-ed about the president's unconstitutional appointments that was published in the @sltrib http://ow.ly/8TJvw #utpol
SenLeeComs
Sen. Mike Lee flails Obama administration on budget - HUMAN EVENTS http://bit.ly/wy2jr4 #CPAC
SenLeePressSec
Nice to see fellow Utahn @jasoninthehouse on @Soledad_OBrien's panel today! #Utah
SenLeeResearch
.@SenMikeLee says the #Constitution is more important than partisanship: http://bit.ly/zyxs9g #tcot #tlot #recessgate
Around the Water Cooler
Obama budget predicts $1.3T deficit for 2012
The White House on Friday confirmed a report that President Barack Obama's new budget predicts a $1.3 trillion deficit for the ongoing fiscal year. The deficit would drop to $901 billion next year under the administration's tax and spending policies.
In his budget submission on Monday the president will also repeat his call to raise the top income tax rate for individuals making more than $200,000 a year and families earning $250,000 from 35 percent to 39.6 percent as part of $1.5 trillion in tax hikes over the coming decade.
Greece must do 'whatever it takes'
The Greek government faces a crucial test this weekend as the nation's parliament is set to vote Sunday on austerity reforms needed to qualify for a second bailout.
Looking Ahead
On Monday, Senator Lee will fly back to Washington.
Fighting Back Against Unconstitutional Appointments -- Day Lee Briefing 02/09/2012
Feb 9, 2012
Today’s Agenda
Today, Senator Lee will meet with representatives of the Utah chapter of NAIOP and Dairy Management.
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
.SenLeePressSec
Nice to see fellow Utahn @jasoninthehouse on @Soledad_OBrien's panel today! #Utah
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
Analysis: Obama contraceptive mandate has a price
The Obama administration's new mandate that religious organizations pay for their workers' birth control has become a bludgeon for Republican culture warriors, as social issues have surged to the forefront in the presidential campaign.
First new nuclear reactors OK'd in over 30 years
The U.S. Nuclear Regulatory Commission approved licenses to build two new nuclear reactors Thursday, the first authorized in over 30 years.
Looking Ahead
